Software contractor - Advice on termination clause of contract

Software contractor - Advice on termination clause of contract

Bob Robertson	8/17/2004 6:07:34 PM
Hi guys - I am new to the contracting business (1st contract) and am just about to sign the contract my broker gave me. Everything seems ok, except the termination clause seems a bit questionable to me: "The Contract Employee shall, with just cause, have the right to terminate the Agreement prior to the Termination Date with a minimum of thirty (30) days notice and with Customer approval........Should the Contract Employee terminate without cause, notice, approval, or before the start of the Contract Assignment, the Contract Employee agrees to indemnify and hold harmless from and against any and all costs and expenses, which may incur as a result of such early termination. Furthermore, should be unable to collect payment as a result of the termination of this Agreement by the Contract Employee, for reasons of performance, or Customer, will only compensate Contract Employee for hours worked for the two weeks prior to the termination at the current minimum wage, as dictated by federal and state labor laws." Hmm - there are a few things that I don't like here (assuming I am correctly interpreting) - 1st is a requirement of 30 days notice (instead of 2 wk) and the 2nd is the deal where they pay me only minimum wage under circumstances I am not totally in charge of and then where they say that the customer must approve my voluntary termination?. Are these two things pretty standard? If not, what would be more reasonable and how would you recommend I try to negotiate with the broker? Thanks, Bob P.S. I'm in AZ



"John A. Weeks III"	8/19/2004 10:08:26 AM
In article <47v4i01e0bepbee4mtik52s38elhbktv3c@4ax.com>, Bob Robertson <brobertson@aol.com> wrote: Hmm - there are a few things that I don't like here (assuming I am correctly interpreting) - 1st is a requirement of 30 days notice (instead of 2 wk) and the 2nd is the deal where they pay me only minimum wage under circumstances I am not totally in charge of and then where they say that the customer must approve my voluntary termination?. Are these two things pretty standard? If not, what would be more reasonable and how would you recommend I try to negotiate with the broker? That is very standard. Even the minimum wage thing is seems pretty fair to me...if you leave, thus screwing up the project, and the client gets mad and refused to pay, then you should be totally out of luck for your pay. The contracting firm is saying that they will at least pay you minimum wage for that period of time, despite you being at fault for it happening. -john- -- ==================================================================== John A. Weeks III 952-432-2708 john@johnweeks.com Newave Communications http://www.johnweeks.com ====================================================================

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