I signed a one year paying contract with a business that needed marketing help.After two months I was told that they couldn't work with me f...

Question

I signed a one year paying contract with a business that needed marketing help.

After two months I was told that they couldn't work with me for various reasons outside of my performance.

They offered to switch to commissions only and I accepted, then they promptly deleted my email and chat basically breaking the contract again via termination.

In a case like this where one contract is breached and then renegotiated and subsequently breached again, does the original contract have any bearing?

I feel like they changed contracts to simply not owe me monies for the year that they originally contracted for.

Answer

Off the top of my head, it sounds like you at least have the basics for a fraud claim as to the renegotiation. You also could argue the right to revert to the old contract for failure of consideration in the new version.

Answer

If you enter into a written contract, then that can only be modified by a writing. In many instances email or even text messages can serve as a writing. So the first question if whether the original agreement was properly modified. Assuming it was, then our concern becomes whether the terms the modified agreement were breached and what the remedies might be.

These are always facts intensive scenarios and the only way you can receive any actionable legal advice you can rely upon is to consult a lawyer in private and discuss it over in detail. Any written agreements will need to be reviewed along with all the facts and circumstances as well.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.