Can an Independent Contractor Be "On Call" With No Minimum Work Provided

**hc.spero** · 06-04-2012, 05:27 PM

My question involves independent contractors in the state of: Georgia

Like many supposed "independent" contractors, I signed an agreement (ICA) which after more than four months of written requests I have yet to receive a copy of. However, from what I recall and am often reminded by the client, I am essentially required to be on-call without pay. To my surprise, I have read elsewhere on the forums that this is legal. My contract has no guaranteed minimum amount of work.

I have two questions:

1. From my elementary understanding of concepts such as implied good faith, it would seem to follow that if work was available by the client for the IC that the client would give the IC the work to do. Otherwise the contract essentially keeps the IC in limbo, being purposely not given work by the client and at the same time being required to be available for work.

2. Even in instances where an ICA requires the IC be on-call without pay, is it legal for the client to state (in writing) that due to the IC's refusal to comply with demands from the client which are outside the scope of the ICA that they will not provide the IC with any work but will also not terminate the contract?

For example,

"John Smith is an IC and has signed an ICA with ABC Company to re-tile the floors of their property. John Smith is given access to the property to re-tile the floors. ABC Company then demands John Smith travel on-site 45 minutes away to play checkers with the owner's wife. John Smith declines to travel on-site 45 minutes away to play checkers with the owner's wife, a demand from the client that was outside the scope of the ICA John Smith signed with ABC Company. As a result, ABC Company sends John Smith mail in writing stating that due to failure to play checkers with the owner's wife, the doors of the property John Smith has re-tiled are being locked, not allowing John Smith to complete the job. However, ABC Company will not release John Smith from his contractual obligation to re-tile the floors or allow him to continue work until John Smith goes to play checkers with the owner's wife."

Is this legal?

**Mr. Knowitall** · 06-04-2012, 08:36 PM

Your contract says what it says. If you contract that you will respond within a certain amount of time if your client calls you, that's what you have chosen to do. If you don't want to do that, renegotiate your contract or work elsewhere.

**eerelations** · 06-05-2012, 04:17 AM

Why didn't you make a copy of the contract when you signed it? Most of my contractors do that - I offer to make a copy but they seem quite happy to do it themselves...

**hc.spero** · 06-05-2012, 06:25 AM

We were at the client's office, after signing the contract it was taken from me by the client. I requested a copy, the client assured me "don't worry, you'll get a copy." I wasn't going to dogpile the client and wrestle him for a copy of the contract, c'mon.

**eerelations** · 06-05-2012, 07:27 AM

So the client physically wrested the contract from your grasp? Or held a gun to your head andf threatened to kill you if you didn't hand it over? Or what? Why couldn't you keep the contract and say "I will give it to you as soon as I make a copy?" That's what I've always done (and I was an independent contractor for many years - lots of contracts, all copied to me, many of those copies made by myself) - if I could do it why couldn't you?

**hc.spero** · 06-05-2012, 08:03 AM

So the client physically wrested the contract from your grasp? Or held a gun to your head andf threatened to kill you if you didn't hand it over? Or what? Why couldn't you keep the contract and say "I will give it to you as soon as I make a copy?" That's what I've always done (and I was an independent contractor for many years - lots of contracts, all copied to me, many of those copies made by myself) - if I could do it why couldn't you?

I'm not sure, I suppose in that moment I was intimidated or shocked that he did that. The client didn't physically wrest control of the document from me because it was on the table. When I leaned back from the table, if I recall correctly, he simply picked it up. My fault for expecting him to deal fairly and act in good faith when he verbally agreed to provide me with a copy.

**Mr. Knowitall** · 06-05-2012, 08:15 AM

And you chose not to follow up at that time and now, for reasons unknown to us, your client won't give you a copy.

None of that changes the fact that if you contract with your client to do work as needed, that's what you have agreed to do.

If you don't like your client, stop working for your client.