I was wondering if someone could provide me with some insight to an IC issue. I was contracted to do fashion for a company, and I researched and acquired my own list of names & numbers of vendors. My relationship is now ending on a sour note with this company, and to date they still haven't paid me. Unfortunately, I do not have a written contract. However, they're asking that I turn over my vendor contact list, along with files and a detailed list of procedures required to do my job. Who is the rightful owner of this list? Can someone please help?? Thanks!
2007-07-29 17:13:11 · 8 answers · asked by Pinky 1 in Politics & Government ➔ Law & Ethics
I would think that since there is no written contract that you would not be legally bound to relinquishing any of that information, If when you started the project there was no existing vedor contact base for said project and no procedure manual for said project
depending on the size and capitol of this firm I would seek legal counsel If they have the name and financial backing they could pay for a nasty little litigation
if they are "small potatoes" refuse cooperation until full payment owed is rendered
in the mean time I would notify vendors in a very professional and impartial way that you will no longer be in contact with them through this firm/company and try to salvage a professional contact with each of them VERY IMPORTANT
DO NOT mudsling your soon to be/ex employer Vendors don't care, don't want to get in the middle and will apprieciate your proffesionalism in requesting that they may remain a business contact of yours for future endeavors
If they do pay you and it doesn't reach a legal standpoint
give them a brief listing of procedures and offer to walk your replacement through it for a few days but that should be the extent of it - make sure to not relinquish all those extras they probably took for granted anyway, This will work two ways for you in securing an honest reference and killing them w/ kindness I'm sure they will not admit it but will rethink the reason you are leaving
you will not want to put yourself in the position of explaining "sour grapes" to your next employer that always looks bad and prospective employers do not have the time nor need to be compassionate about either side of the story, "next" is only a application away
GOOD LUCK and hope it works out 4 u
2007-07-29 17:42:41 · answer #1 · answered by kkoe 3 · 1⤊ 0⤋
As far as I know, you have every right to keep your lists and anything else you came up with. Take the person to small claims court for payment, show your work and keep your vendor contract unless the court tells you otherwise. This is the whole point of being an independent contractor. If they are asking that you turn over your list for payment, they are trying to screw with you. I believe you are the rightful owner of the list. Next time make sure you have a signed contract in advance of doing any work for the company.
Laws do vary by state. You can always check with your states labor board
2007-07-29 17:28:39 · answer #2 · answered by missruralamerica 2 · 1⤊ 0⤋
If you don't have a written contract, you don't owe the company any of your confidential information. That is not work product, that is your personal research, and as a contractor, You should have a right to your own files. Also, if they did not provide you with a list of procedures to do your job, that is none of their business, either. (That is the contractor's function, to provide a work product by their own methods and with their own information.) You may want to hire a lawyer, but I think they are just pushing you to see how far they can. If they haven't paid you, you owe them nothing. Especially since they never provided you with a contract of what they expected from you.
2007-07-29 17:24:30 · answer #3 · answered by Princess Picalilly 4 · 0⤊ 0⤋
If you were an actual employee, then everything you did for the company and how you got to that result would be their property. However, if you are indeed an independent contractor, then only the results of your work should become the company's property. The work itself and the "tools" you use to do that work should remain your property. If the company wishes to play hardball, then you could ask the IRS to determine, in fact, whether you were an employee or an independent contractor. This could potentially open a virtual Pandora's Box for the company, including back withholding taxes, fines, and the possibility of legal action from you. See the site below for more information.
2007-07-29 17:42:36 · answer #4 · answered by Tom K 7 · 0⤊ 0⤋
One might assume your agreement went something like this, "I will gather contacts and you will pay me." You should not give away the main deliverables unless you have a reasonable expectation of them paying what they agree. In the worst case, they could "sue" you, but they would have the burden of proving any contract existed, let alone what detailed items you were required to deliver. If you believe your works may be valuable to others, you might consider your original contract void and simply sell the information to the first person who offers to pay.
2007-07-29 17:27:47 · answer #5 · answered by Nuff Sed 7 · 1⤊ 0⤋
Absent a contract, the procuring party owns the lead.
2007-07-29 17:26:24 · answer #6 · answered by Toodeemo 7 · 0⤊ 0⤋
It depends what your contract with them says. If it doesn't say anything about it, then the list is yours.
2007-07-29 17:45:41 · answer #7 · answered by Anonymous · 0⤊ 0⤋
tell them that those items belong to you until you receive payment.
2007-07-29 17:20:26 · answer #8 · answered by billnzan 4 · 0⤊ 0⤋