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  1. #1
    Join Date
    Apr 2012
    Posts
    3

    Default Independent Contractor Did Unsatisfactory Work

    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.

  2. #2

    Default Re: Indepdendent Contractor Did Unsatisfactory Work

    Well, if you didn't pay him then he can go to civil court and easily get a judgement for that amount; as for the medicare/medicaid and the cease to work order hopefully someone can give you more details.

  3. #3
    Join Date
    Jan 2006
    Posts
    28,093

    Default Re: Indepdendent Contractor Did Unsatisfactory Work

    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?

  4. #4
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Indepdendent Contractor Did Unsatisfactory Work

    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?

  5. #5
    Join Date
    Jan 2006
    Posts
    28,093

    Default Re: Indepdendent Contractor Did Unsatisfactory Work

    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?

  6. #6
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Indepdendent Contractor Did Unsatisfactory Work

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

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,972

    Default Re: Independent Contractor Did Unsatisfactory Work

    It doesn't matter that you feel his work was sub par. You agreed to pay it, without it being contingent on your satisfaction.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Indepdendent Contractor Did Unsatisfactory Work

    I always put a 100% customer satisfaction clause in my contracts and specify that my viewpoint is controlling. Look in your contract.

  9. #9
    Join Date
    Jan 2006
    Posts
    28,093

    Default Re: Indepdendent Contractor Did Unsatisfactory Work

    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.

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