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I am suspecting my employer/client is acting (erratically)

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based on some of my...
I am suspecting my employer/client is acting (erratically) based on some of my personal, private information that I have not authorized for anyone to see, including my credit information which was not stellar. I was an employee on w2 for this employee until 2 wks ago when I was supposed to turn consultant on 1099 based on a mutually signed contract. The employer then said my official date of turning consultant would be 2 wks later than what was stated on the signed contract. I requested for the reason(s) for the change more than twice but they refused to reveal. Granted, the employer did not deny me employment, just acted erratically. Please advise. Thank you.
Submitted: 8 years ago.Category: Employment Law
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6/10/2010
Employment Lawyer: Jack R., Lawyer replied 8 years ago
Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6,147
Experience: Review contracts for major corporations
Verified

There is nothing legally that you can do here. The Law protects discrimination based on gender, race, national origin, religion etc. Other than that decisions made on other criteria are permissible. Secondly there is no legal cause of action for acting "erratically."

 

It could simply be that your employer's financial position has changed.

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

 

 

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Customer reply replied 8 years ago
What about FCRA (Fair Credit Reporting Act), FDCPA (Fair Debt Coolection Practice Act) and an other(s)... Was there violation here since I have not authorized the employer to have access to any of my personal matters? Also, it was obvious that there was a breach of contract but I would like to see if is recommendable for me to continue to work with this employer, in light of the fact that they refused to reveal the reason(s) for their sudden change of terms on the signed contract. Thank you.
Employment Lawyer: Jack R., Lawyer replied 8 years ago

FCRA refers to sending false/incorrect credit reports to a credit agency, Federal debt collection refers to debt collectors improperly trying to collect an obligation. Neither are applicable to your situation. You do not know that anything was accessed. Erratic behavior is not a basis for filing a lawsuit. I suspect the real reason is that it was cheaper to keep you as an employee.

 

You can request a copy of your credit report which should include all parties making an inquiry.

 

You may have a breach of contract claim, if the contract specifies a start date and/or end date.

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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Customer reply replied 8 years ago
Yes, the starting date was listed on the signed contract so it was a breach. The employer proposed to compensate me for the difference between w2 and 1099 for those 2 wks, so the motivation was probably not their trying to save money on w2. However, as previously indicated, they refused to reveal to me the reason(s) for the sudden change. I feel that I if I don't know the real reason(s), this sort of things will likely happen again, and I am not sure I should continue with this employer if that's the case. Please advise. Thank you.
Employment Lawyer: Jack R., Lawyer replied 8 years ago

You should enforce the contractual obligation. A job is a job, and if the pay is what you have agreed to then you should continue your employment. You should consider that these days most employers perform background checks. If you think your financial situation is a detriment then perhaps a job in hand is better than pounding the pavement looking for employment. If you do decide to change employers, the fact that you have remained beyond the start date may legally have waived that part of the contract. Your leaving could then be a breach of your promise to remain on the job.

 

If you found this answer helpful please press the ACCEPT button.

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

 

 

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Customer reply replied 8 years ago
The company declined my request to remove the following clause from the contract:

"2. In no event shall [Company Name] or any of its affiliates, officers, directors, agents or employees be

liable to Consultant for any claim, damage, injury or loss of any nature arising out of or related to this

Agreement in excess of the total amount paid to Consultant hereunder with respect to the services to which

such claim, damage, injury or loss relates. [Company Name] SHALL BE LIABLE ONLY FOR THE ACTUAL

DIRECT DAMAGES INCURRED BY CONSULTANT TO THE LIMIT SET FORTH IN THE

PRECEDING SENTENCES, AND IN NO EVENT SHALL [Company Name] BE LIABLE FOR ANY LOSS OF

PROFITS, BUSINESS INTERRUPTION OR ANY OTHER INDIRECT, CONSEQUENTIAL,

INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND HOWSOEVER

ARISING INCURRED BY CONSULTANT EVEN IF GNA HAS BEEN ADVISED OF THE

POSSIBLITY OF SAME OR EVEN IF SAME WERE REASONABLY FORESEEABLE"


My thinking is unless the company see the likelihood of repeating similar breaches of contract in the futhre, why are they afraid of having this clause removed? Could you please advise? Thank you.
Employment Lawyer: Jack R., Lawyer replied 8 years ago

This clause basically states the only damages collectible are actual damages suffered by the contractor during employment. Tis is basically what you are asking for. What the balance of the clause refers to refers to lost opportunity, and punitive damages.

 

This is not a license to breach a contract with impunity.

 

I would also appreciate compensation for my time helping you by pressing ACCEPT..

 

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

 

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