I am a contractor who wants to resign..

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evilskittle

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Hello, I am a contractor who started work on May 25th for my first contract. The company I contract for bids our consultant services to their clients for different types of computer jobs.

Anyhow, I initially signed a contract for our first "Job", it stipulated that I would be paid $30/hr in an appendix. The term of this contract is from May 2014 to february 2019. That job was completed in June and now I am on a different project working as a contract consultant for the same firm, and the same client (just a different project/engagement).

A few things happened, a) I was initially asked if i was interested in being "project lead" by the client, and then I was told that I was project lead/manager when the project began: my duties are much more detailed and in depth than the other contractors I work with. Nothing in my contract says 'project lead'. I get paid the same as them but my work burden is very stressful. I manage them, coordinate with the client, and also maintain my own specific set of duties. b) they were only paying me $26/hr at first. When I mentioned that I deserved a wage increase for the increased responsibility and told them the contract I signed previously said $30, they did bump it up to $30. I asked for $50 btw. c) One of the contractors I work with (under me) even makes $10/hr more than me ($40/hr because he has a sweetheart deal with an upper manager that works for the client, and our Boss (who I contract with) This was confirmed by our CFO. I asked for more pay and have been strung along for a week and it is getting depressing.

I want to know if I can just resign if I don't get my raise. I'd rather spend my time packing my things for a big move across the country and spend time with my family then complete this contract and the stress that goes along with it, without being properly compensated. I know that I CAN resign, but a few things in the contract made me come on here to get things straightened out. I am copying and pasting them here:

Under compensation and payment-
"Compensation and Payment.

2.1 Fees. __________________ shall pay Contractor as specified in Appendix B attached to and

2.2 Payment. Unless otherwise provided in Appendix B, Contractor shall submit invoices and
made a part of this Agreement.
timesheets to ________________ weekly on Tuesdays by noon, and ________________
shall pay Contractor all undisputed hourly fees within fifteen (15) days of receipt of such invoice.
Each invoice will specify the hours and Services performed, including a log of days for the
Personnel assigned to the Project and such other information (if any) identified in Appendix B,
for the Fees. Should contractor decide to terminate an engagement, contractor agrees to give
______________ and their clients at least five (5) days notice. Should contractor fail to give
_____________ this said notice, Contractor will forfeit all monies due to them.
Independent Contractor.

3.1 Not Employees. Contractor's relationship with _____________ shall be that of an
independent contractor, and neither it nor any of its Personnel will be an employee of ________________ for any purpose whatsoever. Contractor shall not be entitled to participate in any fringe
benefits or privileges given or extended by _________________ to its officers or employees,
including without limitation medical benefits, retirement plans, or stock options. Neither
Contractor nor its Personnel shall have the right to bind ________________ to any contract,
agreement, or obligation without ________________ prior written agreement or express
authorization.
Independent Contractor.

3.1 Not Employees. Contractor's relationship with ________ shall be that of an
independent contractor, and neither it nor any of its Personnel will be an employee of _____________ for any purpose whatsoever. Contractor shall not be entitled to participate in any fringe
benefits or privileges given or extended by _________________ to its officers or employees,
including without limitation medical benefits, retirement plans, or stock options. Neither
Contractor nor its Personnel shall have the right to bind _______________ to any contract,
agreement, or obligation without _____________ prior written agreement or express
authorization.

13.7 Waiver. The waiver by either party of any breach of any provision of this Agreement or warranty
or representation set forth herein shall not be construed as a waiver of any subsequent breach of
the same or any other provision
"

The big problem is I was not hired to be this project lead/manager. The client turned me into one. I'm becoming more and more bitter by the day as I feel taken advantage of.

Our paychecks from last week are direct deposited this friday and have already been approved. Can they really refuse to pay me If I resign and stop work immediately?
 
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People often get sick unexpectedly.
There are laws that protect the confidentiality of YOUR medical information, should you not be eager to disclose your maladies.

http://www.hhs.gov/ocr/privacy/


I doubt that the employer would snatch back the money they pay you on Friday.

But, they might be inclined to bring a lawsuit for breaching the terms of the contract.
Be advised, I am not privy to the entirety (nor do I wish to become privy) of your contract.

As you appear to be an independent contractor of some sort, those aren't wages you receive, but payments for personal/professional services rendered.
If the shoe were on the other foot and they didn't pay you, the state labor board wouldn't pursue the case for you.
You'd have to bring a lawsuit for the unpaid monies owed to you.

Will they sue, should you just disappear, or inform them you're quitting?
Hard to know or to say.

If, on the other hand, were suddenly stricken with some 'malady", you'd not be required to disclose it; and you could simply resign to attend to your health.
I'm not advising you to do anything mind you.
I'm simply pointing out what I've seen done successfully by others in your position.

You couldn't hurt yourself by discretely discussing your concerns with an attorney in your county.

Good luck.
 
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