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  1. #1
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    Jul 2012
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    Los Angeles
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    Default Contract Requires 30 Day Notice for Termination, but Fired Without Notice

    My question involves independent contractors in the state of: California. My employment agreement for financial consulting services includes clause permitting client or consultant to terminate agreement upon thirty day notice. Can I sue client for thirty day payment if client terminates agreement without thirty day notice. Client attempting to save funds and not honor thirty day notice of agreement.

  2. #2
    Join Date
    Jan 2006
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    20,768

    Default Re: Contract Requires 30 Day Notice for Termination. Terminated W/O 30 Day Notice

    well, I suspect there is more to your contract than what you have provided. I also suspect other items in your contract can affect the situation you are asking about.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
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    Jul 2012
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    Default Re: Contract Requires 30 Day Notice for Termination. Terminated W/O 30 Day Notice

    The clause Termination reads as follows.
    Either Client or consultant may cancel this agreement by providing thirty (30) days written notice to the other party.
    Other sections include:
    Date entered, name of client and name of consultant
    Consultant address & phone muber
    Services(description of services to be provided)
    Compensation
    Reporting
    Independent Consultant
    Signatures & Date
    There are no issues in dispute.
    Simply, client not providing thrity day notice, and terminating agreement without payment for thirty day period, or last week for services provided. There are no other issues or items that affect this situation.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,091

    Default Re: Contract Requires 30 Day Notice for Termination. Terminated W/O 30 Day Notice

    If you need help understanding whether you have a remedy under your contract, you will need to have the contract reviewed by a lawyer. We cannot interpret a document we cannot see.

  5. #5
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    Jul 2012
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    Default Re: Contract Requires 30 Day Notice for Termination. Terminated W/O 30 Day Notice

    Is not the summary of document previously provided sufficient. Your conservative statement to have document reviewed by attorney is not helpful. What specifically is missing from Termination section of agreemnt referenced above, that would prevent me from taking legal action for payment of thirty days since termination was without thirty day notice. I believe the clause included in the agreement is sufficient (yes or no)

  6. #6
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    Jan 2006
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    Default Re: Contract Requires 30 Day Notice for Termination. Terminated W/O 30 Day Notice

    Beau;632535]Is not the summary of document previously provided sufficient.
    No. Every word in a contract has an effect on the contract. A summary obviously is your interpretation of what the contract says.

    .
    I believe the clause included in the agreement is sufficient (yes or no)[
    the clause itself; sure but most contracts contain terms that alter other portions of a contract. In this situation, something like "termination for cause" is quite common and usually allows an immediate termination.

    there are other reasons that would often be included to allow an immediate termination.

    so, either sue them and hope there don't have some valid reason for terminating with less than 30 days notice or take it to an attorney who can read it and give you an opinion.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  7. #7
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Contract Requires 30 Day Notice for Termination, but Fired Without Notice

    "Can I sue client for thirty day payment if client terminates agreement without thirty day notice."

    Your question/statement has only one answer -- "yes (of course you can sue)." If you're asking strangers whether you'll be successful, we can't know the answer to that from here.

    I suggest to you before you file suit that you send the client a demand letter.

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