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I hired a programmer for the past 8 years and he has no left me for greener pastures. However he has left me in quite a bind as many of his started projects are left unfinished. He also did my web site which has many issues and error messages cropping up, and not working they way he promised. His attitude is that if it works 90% of the time than it's ok. Or if there is a problem it must be the users stupidity, etc.... He has left me holding the bag. I trusted him to do what he promissed but what he promissed was just a big lie to continue getting a pay check.
I have every email he as ever sent me. Many are riddled with excuses and threats or promises that he never lived up to.
Do I have any legal recourse? Can he be sued for not living up to end of the agreement?

2007-11-09 04:34:43 · 5 answers · asked by Mike M 1 in Politics & Government Law & Ethics

5 answers

Did you have a contract that stipulated the conditions of his employment?? Since you continued to pay him (I assume) throughout his tenure, you accepted his work. Did you document your dissatisfaction and the consequences of its continuance?? What HE sent you is only 1/2 of the story. What were YOU telling HIM??

2007-11-09 04:40:06 · answer #1 · answered by jurydoc 7 · 0 1

I realize you're upset over the situation, being left with software that doesn't work very well and is not documented. There are a lot of low-quality programmers in the world and you may have hired one.

The answer to your question depends upon whether he was an employee or you contracted him for services. You would then have to examine what was contracted and what was delivered. If he was an employee, you're out of luck. If you paid Social Security taxes for him, he was your employee. If you withheld Income Taxes, he was your employee.

Your only recourse for an employee that does not fulfill his or her job description is to terminate employment. You can't sue an employee for incompetence or failure to live up to your standards of excellence.

2007-11-09 04:40:00 · answer #2 · answered by Anonymous · 1 0

I do not see why not if there is a contract between the both of you. It is no different then when you hire a contractor to do work for your home and he only completes 90% of the bathroom. You hired him to complete the whole thing. I think that with your evidence you may have a case, but one thing that works against you is that he worked for you for 8 yrs. With the right counsel that can be watered down. Seek an attorney for more info and good luck.

2007-11-09 04:44:03 · answer #3 · answered by withluv7 3 · 0 1

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2017-01-06 09:36:00 · answer #4 · answered by humphries 4 · 0 0

I will fix it for you..contact me by email.

What could the attorneys actually deliver to you no matter how good they are?

I cost less then the great attorneys you will need, and in the end you will have a working site and programs.

Contact me by email.

2007-11-09 04:48:37 · answer #5 · answered by Barry C 6 · 0 1

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