

Ask HN: How to handle being fired from contracted freelance work? - throwaway_1039

About 6 months ago I started working with a friend (I no longer consider this person a friend) who asked me to build two websites for his law school. Eventually we signed a contract and began work.<p>As of today, the project has been cancelled/I have been fired because I refused to do an immense amount of non-programming work (100hrs by his measure) that would contribute to the project. For good reason to, by accepting the responsibility for this work I would had jeopardized any chance of successfully completing the projects in time.<p>Since he's a law student he has threatened me countless times about legal repercussions if I refuse to carry out his requests. And now that I am fired he is asking whether or not I will refund the money paid to me so far voluntarily, or if they need to consider options for involuntary reimbursement.<p>I'm looking for any guidance I can get with how I should handle this. Thanks in advance.
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jamesbritt
_You need your own lawyer._

Best advice, from bhousel.

Gather up everything and anything that relates to the project. E-mail, text
messages, project files. Take it to a lawyer.

FWIW (plus IANAL, etc.) people who make repeated threats tend not to act on
those threats; they're bullies. That doesn't mean you shouldn't get a lawyer,
but I think of you show that you are willing to fight fire with fire (e.g.
show that you have legal representation) your so-called friend might STFU.

While you're at it, see if there's a case to sue your friend for more money.

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tstegart
Tell your friend to take a chill pill. Then calculate how much work you did
and what you think you should be paid for it. Give back anything over that
amount and give him all the files you worked on. Then move on. If you're
honest with yourself, it will seem reasonable to a judge. Above all, stay
classy.

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bhousel
Anytime someone threatens to sue you, things change. You need to be very
careful with how you talk to this "friend" going forward. Save all old emails
and correspondence, and avoid talking to them until you really understand the
details of the contract that you agreed to 6 months ago.

You need your own lawyer. Find a good one (ask around other freelancers in
your area) and go over the contract with them and explain the situation. The
first meeting with a lawyer should be free.

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JulianMiller520
Just something to add going forward. I didn't always have great contracts.
After a few hard lessons I've come to include an inflated hourly rate for work
above and beyond the scope, a deadline extension. This doesn't leave them much
wiggle room to throw curves. It also states that the deposit is forfeit and
they are free to take possession of resources up to the value of the deposit
amount. Any additional resources can be negotiated as needed.

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chris_dcosta
Sounds like you have a good case for suing him for blackmail.

That aside...

Does you contract state that you should have accepted non-programming work?

Were you given a reason for being fired, or did you part ways by mutual
consent?

On the first point, if your contract states that you must accept work unpaid
or paid outside of the scope of the development, then you should have accepted
the work. If it does not then you have no reason to accept to do additional
work, and it is not a reason for termination.

Without a reason for termination you have not much to worry about you could
argue it was by mutual consent, but you could also threaten to sue him on
other grounds if you feel that he has breached _your_ contract in any way.

Counter suit usually shuts people up, particularly as they know that the cost
of going to court to defend something as well as trying to claim against you
could be a case of throwing good money after bad.

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brudgers
> _"I'm looking for any guidance I can get with how I should handle this."_

Read your contract.

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chrisbennet
Going forward I would avoid working for lawyers...

