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Discussion Topic: sexual harrasment from an independent contractor
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seriousbiz1326 |
11-12-2008 @ 7:18 PM
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Joined: Nov 2008
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I have a question and am in dire need of advice. I have a small company and I have hired an independent contractor via contract to be a phone appointment setter. If the appointment is successful and the prospect becomes a new client, they get a commission, which would be monthly for a year. I have been communicating with this person mostly through IM and email. Today, via instant message, he suggested that I engage in prostitution to make extra money because our business is slow right now and we are still building. I immediately told him that I was extremely offended and discontinued the communications. Also, the appointment which he had set for us, I did not attend. Does the state of florida protect independent contractors from sexual harrasment? Our business is dependent on appointments for our survival. I now have all these appointments that he set up but am afraid to go because I don't want to have to do business with him and pay him for it. We have a contract that was signed. In the contract there is a clause that states:
Termination. The Company may terminate this Agreement at any time by 10 working days’
written notice to the Contractor. In addition, if the Contractor is convicted of any crime or
offense, fails or refuses to comply with the written policies or reasonable directive of the
Company, is guilty of serious misconduct in connection with performance hereunder, or
materially breaches provisions of this Agreement, the Company at any time may terminate the
engagement of the Contractor immediately and without prior written notice to the Contractor."
There is also a clause for injunctive relief:
Right to Injunction. The parties hereto acknowledge that the services to be rendered by the
Contractor under this Agreement and the rights and privileges granted to the Company under
the Agreement are of a special, unique, unusual, and extraordinary character which gives
them a peculiar value, the loss of which cannot be reasonably or adequately compensated by
damages in any action at law, and the breach by the Contractor of any of the provisions of this
Agreement will cause the Company irreparable injury and damage. The Contractor expressly
agrees that the Company shall be entitled to injunctive and other equitable relief in the event
of, or to prevent, a breach of any provision of this Agreement by the Contractor. Resort to
such equitable relief, however, shall not be construed to be a waiver of any other rights or
remedies that the Company may have for damages or otherwise. The various rights and
remedies of the Company under this Agreement or otherwise shall be construed to be
cumulative, and no one of them shall be exclusive of any other or of any right or remedy
allowed by law.
My question here is, what are my rights? Can I terminate him based on breach of agreement? Do I still have to pay him and deal with him on a business basis? HELP!!!!! My appointments are tomorrow!!!
I am sorry, I am not an attorney, but need help. Your advice would be much appreciated. Thank you very much!!
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workinghard |
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11-13-2008 @ 9:53 AM
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Did you have a lawyer help you write up this contract? If so, I would try contacting him or her and asking for their opinion on the situation.
I'm not an expert by any means, but I would immediately give the written notice of termination and start looking for a new person to do the appointments so that in 10 days you can be rid of him in a perfectly legal way under the contract. You will have to pay him for the work he has done up to the date of this incident, but if you don't go to anymore of his appointments, I don't think you should have to pay him anything else.
As far as I know, sexual harassment usually has to be more than just a one time incident, so I'm not sure if you can terminate him without the 10 days notice just based on this, although it was extremely disrespectful and unprofessional.
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seriousbiz1326 |
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11-13-2008 @ 10:22 PM
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I just wanted to say thank you so much for your response. It is much appreciated..and I hope you have a great Holiday and that your new year be filled with an abundance of prosperity, happiness and good health.
Thanks again!!!
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seriousbiz1326 |
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11-13-2008 @ 10:23 PM
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Joined: Nov 2008
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I just wanted to say thank you so much for your response. It is much appreciated..and I hope you have a great Holiday and that your new year be filled with an abundance of prosperity, happiness and good health.
Thanks again!!!
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