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legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 10052
Experience:  Just Answer consultant at Self employed
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I hired a PM manager for a project for federal agency. He

Customer Question

i hired a PM manager for a project for federal agency. He was a contractor on a specific assignment. he was given a fixed rate per period for work. he was given deliverables and directives he didn't produce any of the deliverables or complete any objectives. In additon the one task he did complete he did completely wrong costing the company 1000 for a produce we couldn't use. May I deduct any costs associated agains the time he is claiming he worked on the projects?
JA: Was this discussed with a manager, HR, or an attorney?
Customer: not sure I understand the questions
JA: Has anything been filed or reported?
Customer: to who?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I emailed him that I believed his entire week and half tenure was a failed effort on his part
Submitted: 4 months ago.
Category: Employment Law
Expert:  legalgems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 4 months ago.

I am sorry to hear this; that is frustrating to pay for a job that is not well done.

An independent contractor is not afforded the same protections as an employee; rather an independent contractor works on contract, and as such if they don't perform according to the terms of the contract, they can be sued for breach of contract.

An employer is liable for the contractor only if the work involves inherently dangerous activies, or if they are negligent in selecting the contractor. Otherwise they are not liable for their actions, as the contractor, being independent is liable. Similarly since it is a bargained for position (contractual) the parties can sue for breach of contract. This can include monies paid per the terms of the contract, and for "reasonably foreseeable" and "proximately caused" damages.

Often a party will sign a release stating they won't sue if the other party agrees to waive any claimed income.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.