Independent Contractor Did Unsatisfactory Work

**smco** · 04-19-2012, 10:10 AM

My question involves business law in the state of:
We are a small company in Missouri our independenct contractor was in Florida (project manager) and the jobs were in Arkansas over a two week period. The IC was brought on for a probationary period and we found within two weeks that his work was below sub-par. He was quickly released from all further work. He cost us all future business at the three companies he was in involved. It has been 7 months and while we paid his expenses for the trip, didn't not pay his fee. He is now threatening a lawsuit, that his attorney is researching a Cease to Work order along with other Medicare/Medicaid threats that I really don't see apply. He's also threatening BBB complaints, etc. The amount he thinks he is owed is 7500. The person who brought him on and who let him go resigned 5 months ago, as well. What should be our course of action.

jk · 04-19-2012, 04:26 PM

along with other Medicare/Medicaid

what would medicare or medicaid (which are two very different systems) have to do with this?

It has been 7 months and while we paid his expenses for the trip, didn't not pay his fee.

what does: didn't not pay his fee, mean?

**smco** · 04-21-2012, 07:15 PM

I'm not sure what the medicare/medicaid reference is. I think he is grasping.

We did not pay him for any services he provided. Verbally, he was told $2500 for the 2 weeks, but is now claiming it was $7500. We have an NDA and ICA in place, but no clear cost amount for his services. In the contracts, they clearly state that any lawsuits must be in our home city and any legal fees will be paid by each litigant. I can't imagine pursuing such a matter other than small claims, but what are the chances...
We have ceased responding to him in any way and have no interest in settling in any way. What advice on our course of action do you have?

jk · 04-21-2012, 08:40 PM

If you agreed to pay him $2500 for the two weeks, then you owe him that. Why would you not pay somebody you hired what you agreed to pay them?

**smco** · 04-22-2012, 07:30 PM

The work he performed was sub par. Everything he did had to be redone by someone else.

jk · 04-22-2012, 07:54 PM

so? as I said, unless there was a something requiring specific goals to be obtained in order to earn the fee, you owe him for the time spent there if for no other reason than he was there.

Now, if you believe his actions have damaged you, that could be a reason for you to sue him but until a court would side with you, you have no right to arbitrarily deduct those damages from his pay.