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Can a company force an independent contractor to sign a new contract prior to the expiration of an existing contract? [closed]
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I've been working as an independent contractor in the US for a Canadian company over a span of 3 years 3 months, and 3 consecutive contracts. I've unexpectedly been presented with a new contract 3 months prior to the expiration of my existing contract. The new contract offers a higher retainer but significantly cuts my upside. Do I have to accept the new contract or do I have the right to finish out my existing contract? Can my existing contract be terminated due to me not agreeing to the new terms?
contracts
asked Oct 27 '15 at 15:03
Lesley
61
closed as off-topic by HLGEM, Dawny33, Lilienthal♦, Wesley Long, DJClayworth Oct 27 '15 at 16:25
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – HLGEM, Dawny33, Lilienthal, Wesley Long, DJClayworth
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up vote
1
down vote
favorite
I've been working as an independent contractor in the US for a Canadian company over a span of 3 years 3 months, and 3 consecutive contracts. I've unexpectedly been presented with a new contract 3 months prior to the expiration of my existing contract. The new contract offers a higher retainer but significantly cuts my upside. Do I have to accept the new contract or do I have the right to finish out my existing contract? Can my existing contract be terminated due to me not agreeing to the new terms?
contracts
asked Oct 27 '15 at 15:03
Lesley
61
closed as off-topic by HLGEM, Dawny33, Lilienthal♦, Wesley Long, DJClayworth Oct 27 '15 at 16:25
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – HLGEM, Dawny33, Lilienthal, Wesley Long, DJClayworth
3
Suggest you contact a lawyer.
– HLGEM
Oct 27 '15 at 15:08
Force? No. Expect? Yes. As for termination of contract, that should be asked of a lawyer if your contract is not plainly explicit about it.
– Joel Etherton
Oct 27 '15 at 15:51
VTC, as this is a legal question. Personally, if you find something objectionable, send back a modified version as your counter-offer. The worst they can do is decline it. The most you can do is decline this one. Given that you're in a different country, the legal fees on both sides could get quite steep if you guys decide to fight it out. Also - this would be a VERY good time to seek other opportunities, as a backup plan. If you two can't come to an agreement, likely you'll just "ride out" your existing contract to the end. IANAL - YMMV
– Wesley Long
Oct 27 '15 at 16:01
suggest improvements |Â
up vote
1
down vote
favorite
up vote
1
down vote
favorite
I've been working as an independent contractor in the US for a Canadian company over a span of 3 years 3 months, and 3 consecutive contracts. I've unexpectedly been presented with a new contract 3 months prior to the expiration of my existing contract. The new contract offers a higher retainer but significantly cuts my upside. Do I have to accept the new contract or do I have the right to finish out my existing contract? Can my existing contract be terminated due to me not agreeing to the new terms?
contracts
asked Oct 27 '15 at 15:03
Lesley
61
I've been working as an independent contractor in the US for a Canadian company over a span of 3 years 3 months, and 3 consecutive contracts. I've unexpectedly been presented with a new contract 3 months prior to the expiration of my existing contract. The new contract offers a higher retainer but significantly cuts my upside. Do I have to accept the new contract or do I have the right to finish out my existing contract? Can my existing contract be terminated due to me not agreeing to the new terms?
contracts
asked Oct 27 '15 at 15:03
Lesley
61
asked Oct 27 '15 at 15:03
Lesley
61
asked Oct 27 '15 at 15:03
Lesley
61
asked Oct 27 '15 at 15:03
Lesley
61
61
closed as off-topic by HLGEM, Dawny33, Lilienthal♦, Wesley Long, DJClayworth Oct 27 '15 at 16:25
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – HLGEM, Dawny33, Lilienthal, Wesley Long, DJClayworth
closed as off-topic by HLGEM, Dawny33, Lilienthal♦, Wesley Long, DJClayworth Oct 27 '15 at 16:25
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – HLGEM, Dawny33, Lilienthal, Wesley Long, DJClayworth
3
Suggest you contact a lawyer.
– HLGEM
Oct 27 '15 at 15:08
Force? No. Expect? Yes. As for termination of contract, that should be asked of a lawyer if your contract is not plainly explicit about it.
– Joel Etherton
Oct 27 '15 at 15:51
VTC, as this is a legal question. Personally, if you find something objectionable, send back a modified version as your counter-offer. The worst they can do is decline it. The most you can do is decline this one. Given that you're in a different country, the legal fees on both sides could get quite steep if you guys decide to fight it out. Also - this would be a VERY good time to seek other opportunities, as a backup plan. If you two can't come to an agreement, likely you'll just "ride out" your existing contract to the end. IANAL - YMMV
– Wesley Long
Oct 27 '15 at 16:01
suggest improvements |Â
3
Suggest you contact a lawyer.
– HLGEM
Oct 27 '15 at 15:08
Force? No. Expect? Yes. As for termination of contract, that should be asked of a lawyer if your contract is not plainly explicit about it.
– Joel Etherton
Oct 27 '15 at 15:51
VTC, as this is a legal question. Personally, if you find something objectionable, send back a modified version as your counter-offer. The worst they can do is decline it. The most you can do is decline this one. Given that you're in a different country, the legal fees on both sides could get quite steep if you guys decide to fight it out. Also - this would be a VERY good time to seek other opportunities, as a backup plan. If you two can't come to an agreement, likely you'll just "ride out" your existing contract to the end. IANAL - YMMV
– Wesley Long
Oct 27 '15 at 16:01
3
3
Suggest you contact a lawyer.
– HLGEM
Oct 27 '15 at 15:08
Suggest you contact a lawyer.
– HLGEM
Oct 27 '15 at 15:08
Force? No. Expect? Yes. As for termination of contract, that should be asked of a lawyer if your contract is not plainly explicit about it.
– Joel Etherton
Oct 27 '15 at 15:51
Force? No. Expect? Yes. As for termination of contract, that should be asked of a lawyer if your contract is not plainly explicit about it.
– Joel Etherton
Oct 27 '15 at 15:51
VTC, as this is a legal question. Personally, if you find something objectionable, send back a modified version as your counter-offer. The worst they can do is decline it. The most you can do is decline this one. Given that you're in a different country, the legal fees on both sides could get quite steep if you guys decide to fight it out. Also - this would be a VERY good time to seek other opportunities, as a backup plan. If you two can't come to an agreement, likely you'll just "ride out" your existing contract to the end. IANAL - YMMV
– Wesley Long
Oct 27 '15 at 16:01
VTC, as this is a legal question. Personally, if you find something objectionable, send back a modified version as your counter-offer. The worst they can do is decline it. The most you can do is decline this one. Given that you're in a different country, the legal fees on both sides could get quite steep if you guys decide to fight it out. Also - this would be a VERY good time to seek other opportunities, as a backup plan. If you two can't come to an agreement, likely you'll just "ride out" your existing contract to the end. IANAL - YMMV
– Wesley Long
Oct 27 '15 at 16:01
suggest improvements |Â
2 Answers
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up vote
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What does your current contract say? The existing contract will have the answers to all of your questions so you need to READ THE CONTRACT.
If you can't read the contract (too complex or whatever), then you doubtless had a lawyer when you signed it, so go to your lawyer and have them figure out the answer to your questions.
I suspect that even if there is an escape clause for them, they might tolerate you finishing out the current contract and just not renew you - it really depends on why they want to change the deal.
answered Oct 27 '15 at 15:17
Michael Kohne
3,28111327
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up vote
1
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Legally, as an IC, no one can "force" you to do anything you don't want or aren't obligated to do.
Much of the rest of your question depends on the terms of your current contract, which we really can't answer here. I would review any sort of early termination or renegotiation clauses in that contract to see what the consequences are if you refuse to accept the new contract. Lawyers can certainly help in these instances too, especially if you don't understand any wording or phrasing in that contract.
answered Oct 27 '15 at 15:13
panoptical
3,5761538
short answer, they probably won't 'fire' you on the spot, but they could wind down your contract early. I would think you would have plenty of time to line up your next contract though either way.
– Bill Leeper
Oct 27 '15 at 15:42
suggest improvements |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
3
down vote
What does your current contract say? The existing contract will have the answers to all of your questions so you need to READ THE CONTRACT.
If you can't read the contract (too complex or whatever), then you doubtless had a lawyer when you signed it, so go to your lawyer and have them figure out the answer to your questions.
I suspect that even if there is an escape clause for them, they might tolerate you finishing out the current contract and just not renew you - it really depends on why they want to change the deal.
answered Oct 27 '15 at 15:17
Michael Kohne
3,28111327
suggest improvements |Â
up vote
3
down vote
What does your current contract say? The existing contract will have the answers to all of your questions so you need to READ THE CONTRACT.
If you can't read the contract (too complex or whatever), then you doubtless had a lawyer when you signed it, so go to your lawyer and have them figure out the answer to your questions.
I suspect that even if there is an escape clause for them, they might tolerate you finishing out the current contract and just not renew you - it really depends on why they want to change the deal.
answered Oct 27 '15 at 15:17
Michael Kohne
3,28111327
suggest improvements |Â
up vote
3
down vote
up vote
3
down vote
What does your current contract say? The existing contract will have the answers to all of your questions so you need to READ THE CONTRACT.
If you can't read the contract (too complex or whatever), then you doubtless had a lawyer when you signed it, so go to your lawyer and have them figure out the answer to your questions.
I suspect that even if there is an escape clause for them, they might tolerate you finishing out the current contract and just not renew you - it really depends on why they want to change the deal.
answered Oct 27 '15 at 15:17
Michael Kohne
3,28111327
What does your current contract say? The existing contract will have the answers to all of your questions so you need to READ THE CONTRACT.
If you can't read the contract (too complex or whatever), then you doubtless had a lawyer when you signed it, so go to your lawyer and have them figure out the answer to your questions.
I suspect that even if there is an escape clause for them, they might tolerate you finishing out the current contract and just not renew you - it really depends on why they want to change the deal.
answered Oct 27 '15 at 15:17
Michael Kohne
3,28111327
answered Oct 27 '15 at 15:17
Michael Kohne
3,28111327
answered Oct 27 '15 at 15:17
Michael Kohne
3,28111327
answered Oct 27 '15 at 15:17
Michael Kohne
3,28111327
3,28111327
suggest improvements |Â
suggest improvements |Â
up vote
1
down vote
Legally, as an IC, no one can "force" you to do anything you don't want or aren't obligated to do.
Much of the rest of your question depends on the terms of your current contract, which we really can't answer here. I would review any sort of early termination or renegotiation clauses in that contract to see what the consequences are if you refuse to accept the new contract. Lawyers can certainly help in these instances too, especially if you don't understand any wording or phrasing in that contract.
answered Oct 27 '15 at 15:13
panoptical
3,5761538
short answer, they probably won't 'fire' you on the spot, but they could wind down your contract early. I would think you would have plenty of time to line up your next contract though either way.
– Bill Leeper
Oct 27 '15 at 15:42
suggest improvements |Â
up vote
1
down vote
Legally, as an IC, no one can "force" you to do anything you don't want or aren't obligated to do.
Much of the rest of your question depends on the terms of your current contract, which we really can't answer here. I would review any sort of early termination or renegotiation clauses in that contract to see what the consequences are if you refuse to accept the new contract. Lawyers can certainly help in these instances too, especially if you don't understand any wording or phrasing in that contract.
answered Oct 27 '15 at 15:13
panoptical
3,5761538
short answer, they probably won't 'fire' you on the spot, but they could wind down your contract early. I would think you would have plenty of time to line up your next contract though either way.
– Bill Leeper
Oct 27 '15 at 15:42
suggest improvements |Â
up vote
1
down vote
up vote
1
down vote
Legally, as an IC, no one can "force" you to do anything you don't want or aren't obligated to do.
Much of the rest of your question depends on the terms of your current contract, which we really can't answer here. I would review any sort of early termination or renegotiation clauses in that contract to see what the consequences are if you refuse to accept the new contract. Lawyers can certainly help in these instances too, especially if you don't understand any wording or phrasing in that contract.
answered Oct 27 '15 at 15:13
panoptical
3,5761538
Legally, as an IC, no one can "force" you to do anything you don't want or aren't obligated to do.
Much of the rest of your question depends on the terms of your current contract, which we really can't answer here. I would review any sort of early termination or renegotiation clauses in that contract to see what the consequences are if you refuse to accept the new contract. Lawyers can certainly help in these instances too, especially if you don't understand any wording or phrasing in that contract.
answered Oct 27 '15 at 15:13
panoptical
3,5761538
answered Oct 27 '15 at 15:13
panoptical
3,5761538
answered Oct 27 '15 at 15:13
panoptical
3,5761538
answered Oct 27 '15 at 15:13
panoptical
3,5761538
3,5761538
short answer, they probably won't 'fire' you on the spot, but they could wind down your contract early. I would think you would have plenty of time to line up your next contract though either way.
– Bill Leeper
Oct 27 '15 at 15:42
suggest improvements |Â
short answer, they probably won't 'fire' you on the spot, but they could wind down your contract early. I would think you would have plenty of time to line up your next contract though either way.
– Bill Leeper
Oct 27 '15 at 15:42
short answer, they probably won't 'fire' you on the spot, but they could wind down your contract early. I would think you would have plenty of time to line up your next contract though either way.
– Bill Leeper
Oct 27 '15 at 15:42
short answer, they probably won't 'fire' you on the spot, but they could wind down your contract early. I would think you would have plenty of time to line up your next contract though either way.
– Bill Leeper
Oct 27 '15 at 15:42
suggest improvements |Â
3
Suggest you contact a lawyer.
– HLGEM
Oct 27 '15 at 15:08
Force? No. Expect? Yes. As for termination of contract, that should be asked of a lawyer if your contract is not plainly explicit about it.
– Joel Etherton
Oct 27 '15 at 15:51
VTC, as this is a legal question. Personally, if you find something objectionable, send back a modified version as your counter-offer. The worst they can do is decline it. The most you can do is decline this one. Given that you're in a different country, the legal fees on both sides could get quite steep if you guys decide to fight it out. Also - this would be a VERY good time to seek other opportunities, as a backup plan. If you two can't come to an agreement, likely you'll just "ride out" your existing contract to the end. IANAL - YMMV
– Wesley Long
Oct 27 '15 at 16:01