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I told a contractor I wasn't going to renew her contract. Should I have put it in writing?
I decided not to renew the contract of someone who was working for me. She had not signed a contract renewal by the deadline because she wanted to go over a non-solicitation clause she had concerns about. I had been thinking of letting her go for the past year because her way of working with clients was not fitting with the approach I wanted those working for me to take. So I told her I wasn't renewing her contract and it was time for her to go out on her own. I did not put it in writing. This all happened two weeks ago. Should I have put it in writing?

I told a contractor I wasn't going to renew her contract. Should I have put it in writing? - Trevor Thomas

It is a best practice to have all communication in writing — particularly when changing terms in a contract or ending the working relationship.

In this particular case, the termination was verbal rather than in writing. The termination is still effective as of the date that verbal notice was provided. If there is a discrepancy with the termination date, the facts will need to be examined to determine when the termination actually took place. In other words, if the contractor argues that the contract was not terminated, did she continue to perform work after the verbal termination date?

I suggest that you send something in writing to the contractor confirming the termination date.

Trevor Thomas
Kent Employment Law
Reviewed March 2018

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