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My wife is an independent contractor. She is undergoing a

My wife is an independent...
My wife is an independent contractor. She is undergoing a heated debate where both parties to this contract want out. Her dilemma resides in the fact that our son (who is a minor) got on her computer without her permission and was on illicit sites.. She is afraid of what will happen when she turns in the computer (she most certainly would never involve herself with any such sites and it is well-understood who did this and we are seeking counseling for him).. She feels she needs a lawyer to draft an accord where the contractor acknowleges that she told them our son did this and they agree to a "gag order" as part of a legal agreement to never say or do anything with this issue.. He is much too young to have to deal with this and it would ruin my wife's chances for further work..Do you have any advice for her? I lost my business and we ar pretty broke right now, so my resources are limited.
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Answered in 8 minutes by:
5/1/2009
Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,

How old is your son? Were any of the sites child porm? Can she have the hard drive cleaned?
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Customer reply replied 8 years ago
Our son is 12... He is adopted and has been through so much that we don't want him to be put through the ringer on this.. He says that none of the sites involved child pornography. She can have the hard drive cleaned, but is still concerned.. Perhaps I should just have a new hard drive installed and back up only the relevant information?

Can we, in addition to what you're suggesting insist on armslength exchange where she gets a signed and sworn statement required both parties to be silent about and and all elements of their relationship and agree to indemnify one another or something like this?

Hello,

You cannot enforce an agreement not to report a crime. Therefore if child porn is on the computer, the agreement will not be binding. If there is not child porn on the computer, it is not illegal to go to most adult sites.

The least expensive and simplest option is to have a new hard drive installed and back up only the relevant information. By doing this you avoid any potential of involving your son with a person who has a history of tortious statements involving others.

I hope that the information which I provided was helpful to you. However, if I have not fully answered your question, please post me back on this thread with a clarification.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER





Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Ellen and 87 other Business Law Specialists are ready to help you
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Customer reply replied 8 years ago
He is fervent in stating there was no child porn and these were adult sites. I am going to replace the old drive and back up programs and files that are only relevent to the job she was doing.
Since my wife is a public official and also since the woman she is in contract has made libelous claims about past people who have done this same work, I can't help but believe there is some way to force them into submission regarding any statements being labelled as intentional interference of my wife's to pursue other opportunities.

The agreement with them states clearly that "either party can end this contract with a 30 day notice"... She has, however, fulfilled her duties and then some.. The contract is on one single page and lacks specifics.. I really think she should ask to be paid for the entire contract to walk (she refused other opportunities to make herself available for this)...

Thanks.. I will accept after I send this and will deposit an additional sum if you respond to this with any opinion.
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Ellen
Ellen
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Category: Business Law
Satisfied Customers: 36,715
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