Buena Park, CA asked in Employment Law and Business Law for California

Q: I am IT consultant for my company and my client never set an SOW despite me asking for it. they think I inflated hours

I have excellent reviews from them for my work but now they are questioning my hours. I have sent back detailed descriptions of the hours but still concerned. They never was clear on hour caps it was vague and I just was doing my job

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3 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, even without a formal Statement of Work (SOW), there may still be an implied contract between you and your client based on your actions and communications. If you have a history of providing services and receiving compensation, it could establish the terms of your agreement, including the hours you worked.

Your excellent reviews and detailed descriptions of your work can serve as evidence of the services you provided and the reasonableness of your hours. If your client questions your hours, continue to communicate transparently and professionally, addressing their concerns and providing any additional documentation or explanations as necessary.

If the issue escalates and a resolution cannot be reached directly with your client, you may want to consult with an attorney to better understand your rights and potential legal remedies. It's important to maintain a clear and respectful line of communication throughout the process, emphasizing your commitment to delivering quality work and resolving any concerns.

Tim Akpinar agrees with this answer

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: This is the kind of issue that does not have a legal solution. You are going to have to resolve it through negotiation and diplomacy. The employer has the right to terminate your involvement at will unless you have an agreement to the contrary about that status. If the employer believes your billing is inaccurate or heavier than they want, they can act to remove you from the position.

Good luck to you.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: It could be difficult to change what your client thinks, as you continue to work with them about your efforts. The situation you describe can arise on any project-based assignment. For future assignments, some things to consider are different arrangements that provide more control over services (per page, per package, per milestone, etc.), or digital measures that could put clients' minds at ease in terms of billing - two or three back-up means of verifying time - on a software itself, on a work platform, etc. Good luck

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