Do I have a leg to stand on?

Missbehave

The confidentiality agreement states that as a mod I shall not disclose any information about the company even if I'm sacked and I'm not allowed to start my own company for a year after being sacked as a mod it also goes
On to state if I resign my logins shall be suspended and if I step down to an op my pay rate will change back to that of an op.

Missbehave

It's a uk and us based company

Missbehave

anamenottaken wrote: »

Perhaps the problem is with the geographical location of the organisation.

The first post said "begun working as self-employed" but then mentions the other position and refers to a contract of service for that role. In the UK, a contract of service is for an employed role. A contract for services would not be for an employee.

The document I was emailed days contract for service and states The arrangement is a contract for service and not a contract of employment. It then goes on to say that the period of the contract is unlimited

Missbehave

This is part of te contract for service:

Xxxxx does not guarantee to provide work for you. During the contract you are not obliged to accept or carry out the work that is offered to you and if at any stage or for any period you wish not to undertake any work, you should advise us in writing.

anamenottaken

Missbehave wrote: »

The document I was emailed days contract for service and states The arrangement is a contract for service and not a contract of employment. It then goes on to say that the period of the contract is unlimited

Oh, your first post said is was a contract of service.

Missbehave

Sorry was a typo on my part

vassa

Southend1 wrote: »

OP couldn't resign or be made redundant as she was never employed!

What do you make of the email saying she would only receive higher payment if a certain number of shift were completed? Part of the contract or not?

Doesn't matter, contract is a contract, and my previous advice was going off the details we knew at the time. If it did indeed say 'you will get X unless you quit or are made redundant' then the wording itself is very clear. A contract to pay a set amount upon commencement of a task, which can only be lowered due to certain events taking place, must be honoured unless those events take place. They didn't, so it must be honoured. The grey area is in what the contract actually says (i doubt it is this clear cut) and where the company are based, if it's in the US i doubt the OP has any leg to stand on.

Southend1

vassa wrote: »

Doesn't matter, contract is a contract, and my previous advice was going off the details we knew at the time. If it did indeed say 'you will get X unless you quit or are made redundant' then the wording itself is very clear. A contract to pay a set amount upon commencement of a task, which can only be lowered due to certain events taking place, must be honoured unless those events take place. They didn't, so it must be honoured. The grey area is in what the contract actually says (i doubt it is this clear cut) and where the company are based, if it's in the US i doubt the OP has any leg to stand on.

Sorry, slightly confused by your reply. Surely UK companies can enforce US contracts under US law?

Also do you think the email stating OP would only be paid a higher rate if a certain number of shifts were worked forms part of the contract?

vassa

Southend1 wrote: »

Sorry, slightly confused by your reply. Surely UK companies can enforce US contracts under US law?

Also do you think the email stating OP would only be paid a higher rate if a certain number of shifts were worked forms part of the contract?

I didn't know OP was a company.

And i'm not reading through the entire thread, i responded to the OP. All my advice here has been hypothetical. If a contract says something, it says something, regardless of what someone's employment status is. If it turns out the contract actually says something else then things change. My original premise was that if you sign a contract saying 'X is true unless Y', if Y never happens than X must be honoured.

Southend1

vassa wrote: »

I didn't know OP was a company.

And i'm not reading through the entire thread, i responded to the OP. All my advice here has been hypothetical. If a contract says something, it says something, regardless of what someone's employment status is. If it turns out the contract actually says something else then things change. My original premise was that if you sign a contract saying 'X is true unless Y', if Y never happens than X must be honoured.

Y did happen though!