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Breaking an outsourcing gig contract

 
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kingssurfer



Joined: 14 Dec 2009

PostPosted: Mon Jan 18, 2016 2:29 am    Post subject: Breaking an outsourcing gig contract Reply with quote

Has anyone ever broken an outsourcing contract early? I’ve been offered a very lucrative full time job that I want. However, I would have to back out of my part time corporate gig early. I am concerned because of this clause in the contract.

If (B) backs out of the contract less than 20 days before the start of the following month’s scheduled courses due to any reasons except natural disaster or an accident and illness that requires long-term medical treatment or any valid reasons decided by (A), (B) must reimburse (A) 50% of a total amount of income that is lost by (B)’s actions.

Obviously, I am on an F series visa, so no problem there, but I am worried about being sued for damages. As long as I give more than 20 days notice I should be okay, but I am concerned.
Anyone have any experience with this?
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TheMeerkatLover



Joined: 26 Mar 2009

PostPosted: Mon Jan 18, 2016 3:56 pm    Post subject: Reply with quote

http://us.practicallaw.com/6-508-2342#a442805
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jan 18, 2016 5:05 pm    Post subject: Re: Breaking an outsourcing gig contract Reply with quote

kingssurfer wrote:
Has anyone ever broken an outsourcing contract early? I’ve been offered a very lucrative full time job that I want. However, I would have to back out of my part time corporate gig early. I am concerned because of this clause in the contract.

If (B) backs out of the contract less than 20 days before the start of the following month’s scheduled courses due to any reasons except natural disaster or an accident and illness that requires long-term medical treatment or any valid reasons decided by (A), (B) must reimburse (A) 50% of a total amount of income that is lost by (B)’s actions.

Obviously, I am on an F series visa, so no problem there, but I am worried about being sued for damages. As long as I give more than 20 days notice I should be okay, but I am concerned.
Anyone have any experience with this?


As a contractor (I assume the contract is between you and the corporate client) and you are working on the basis of being a SME proprietor then there is a very real possibility of being sued for breach if you commit the tort.

.
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