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ADA, contractor, oh my California

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  • ADA, contractor, oh my California

    A contract extended by Employer X to Contractor Y suddenly withdrawn by employer today following Contractor Y's acceptance (the actual contract has not arrived at Employer X's facility but we do expect the postmark does in fact reflect that it was accepted.)

    This stoppage of work came about following contractor's disclosure of ADA illness. After this disclosure the employer is stopping the ongoing relationship between the two parties.

    Contractor already performed over half the work and handed over materials.

    My concern is this looks like retaliation. AND the contractor was asked to submit a proposal to the employer's client. The employer and the employer's client have agreed to move forward on work and cut out contractor but retain her work and materials, using them as they move forward.

    Help. Not really sure how to advise. On the one hand I was thinking at will and contractor so not to worry about it. But while I'm not completely convinced one way or the other that this is because of the illness (not going there! unless I have to but that is how it looks), clearly the employer and client are cutting the contractor out and benefitting financially. So that makes me a bit concerned about the liability.

    I'd immediately say that there was none if the employer was not working with the client moving forward. Not so sure here.

  • #2
    What does the contract say with regards to terminations?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      It also apears as if there was an offer and then acceptance before the withdrawal of said offer ... in general that is a valid contract.

      It would seem to me that the contractor has a cause of action for breach, but without seeing the contract and the terms therein it is very difficult to offer an educated opinion.

      I would consider consulting an attorney to review the contract and the issues.


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