A 1099 employee did not complete work a to his contract. I verbally terminated his contract. I should have written (Contracts Legal Legal

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A 1099 employee did not complete work a to his contract. I verbally terminated his contract. I should have written

I should have written the termination per our contract. Then I rehired him and did not sign a new contract. I terminated verbally the second time. In the state of GA., where do we stand, was the 1099 employee still bound under the same contract the second time.

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dlyons

Hi Cher,

You're asking in the wrong venue, you really need to consult a local contracts attorney.

On my end, I've been on both sides of your situation. And the only insights I can offer are that the end results will depend entirely on what you can prove actually happened. Gather and save every written comunication between your 1099 contractor and your company. He-said, she-said is notoriously unhelpful in any formal adjudication proceeding.

Check your initial contract for any language referring to renewal or extension. That may offer an 'out'.

Verbal agreements can be enforceable, but the bottom line is performance. Actions taken by people will go to proofs of the intents.

Good Luck!

Answered: Nov 15, 2009