Need help about contract PLEASE...

Discussion in 'Lawn Mowing' started by regulator220, May 14, 2007.

  1. regulator220

    regulator220 LawnSite Member
    from Indiana
    Posts: 53

    Hey I had a question hopefully a few of you can give me an opinion on?

    The cemetery I mow wants to fire me saying that I have not performed my duties in my contract.

    Now the reason for this is the guy on the board decided he wants to mow it himself and there are 3 guys on the board.

    Now one guy on the board says I do a great job and the other guy is lying to the president saying I aint, so the president sides with him and terminates my contract immediatly on a 2 to 1 vote...

    I even had 22 people sign a petition sayin I did a great job over the last 3 years!

    Now I have nothing in my contract stating a termination clause like I do the rest of my contracts.

    So my question is legally can they fire me because the guy on the board lies and wants to mow himself??? Aint that called conflict of interest or something like that?
    If they can why do I even bother having contracts if they just dont care what they say?

    Do you guys thinks I can win in a court case from what I have told you?
     
  2. rob7233

    rob7233 LawnSite Senior Member
    Posts: 861


    Now I have nothing in my contract stating a termination clause like I do the rest of my contracts.

    I'm confused. What does your termination clause say exactly and why isn't it on this contract with the cemetery?? What contractual relief is available if any? Termination for "just cause" or is there anything in the contract referring to "correctable causes" ? Have they talked with you before? Anything cited/documented or history of problems etc.?

    Do you have a lawyer available to you that you can talk to? We need more information to be able to advise you. They may be wrong or not. Most here will say the client can do what they want in firing you. What's it worth to you to fight it?
     
  3. regulator220

    regulator220 LawnSite Member
    from Indiana
    Posts: 53

    Worth alot of money to me to fight it.

    They have no documents on me doing a bad job everyone thinks I do a great job its just the guy on the board decided he wanted to mow it and they got me voted out!!!!

    In my contracts with termination policies it states that both the contracor or the client can terminate contract with a 30 day notice.

    They have nothing on me but lies from the one board member who wants to mow and they sent me a certified letter saying I was fired without even calling a meeting and getting my side of the story.

    Now whats the point of even having a contract if you can just get fired for no good reason what so ever???
     
  4. rob7233

    rob7233 LawnSite Senior Member
    Posts: 861

    Sounds like the contract provided no restrictions or procedures on how to deal with potential issues. Was this your contract or their's?

    What's to stop or discourage them from shopping around till they find a cheaper price then let you go? A 30 day written notice for "whatever reason they can dream up" ??!! That's weak. Clients will pull this all the time, especially in the winter after the Christmas credit card bills come.

    Time to go see a lawyer for contract review at least. Maybe he can send a threatening letter. Might make them think twice about what they're doing to you. Can you PM me your signed contract? There might be something there that can help. Is this board the ones who signed this contract in the first place?
     
  5. regulator220

    regulator220 LawnSite Member
    from Indiana
    Posts: 53

    Hey rob7233 I went to a lawyers office today and he said they screwed themselves for firing me and im entitled to the rest of my contract paid in full or my job back immediately...

    I would send you a copy of my contract that they wrote up and we all agreed on but the lawyer has it now.

    He is going to send them a letter saying we will take them to court so hopefully they just give the job back to me without having to tie it up in court forever, but if we got to go to court we will I need that money HAHA

    Thanks for helpin me out I know its hard to give a opinion without seein or know exactly whats goin on...

    I will keep you posted what happens on this thread here so keep an eye out for it.

    Thanks
     
  6. rob7233

    rob7233 LawnSite Senior Member
    Posts: 861

    Hey, That's fricking great ! Sounds like a win for our side. Please Pm me with the details so we can all learn from your experience. People will push and most LCO's will not push back. You got nothing to lose by standing your ground. Boldness will be rewarded. :weightlifter: :drinkup:
     
  7. rob7233

    rob7233 LawnSite Senior Member
    Posts: 861

    So, You gonna give us an update? Any word how the attorney's letter was received? Guess you don't have private message feature available.

    We deal with enough external pressures without having a customer lie to try chisel you.
     
  8. regulator220

    regulator220 LawnSite Member
    from Indiana
    Posts: 53

    I dont know how to get my private message stuff to work????

    He aint sending the letter till tomorrow (Monday) so they wont get it till Wed. or so but I will let you know ASAP you can count on it!!!!
     
  9. Vikings

    Vikings LawnSite Bronze Member
    from canada
    Posts: 1,667

    How did you get a petition with 20 signatures on it? did you initiate it?\

    But I hope you smarten them up because if they get away with that they will be talking about your company and how you got fired for a long time to a lot of people.
     
  10. regulator220

    regulator220 LawnSite Member
    from Indiana
    Posts: 53

    Yeah they will talk bad about me and im from a small town so its going to spread quick and thats just great!!!!! Its hard enough making a living without someone stepin on your head all the time.

    I just went up to the people and asked them what they thought about the cemetery the pas 3 years and so far this year and they said looks great...

    The people before me did the worst job ever nothing against them but it was bad!!!! So people instantly was praising me for my work. Its a huge cemetery and its alot of work. If it mows a few days in a row it gets tough.

    Oh well hopefully I get this solve.
     

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