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November 7, 2024

A Step-by-Step Guide to Terminate Contractor Agreement While Protecting Your Business

A Step-by-Step Guide to Terminate Contractor Agreement While Protecting Your Business

Akhil Reddy

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Sometimes professional relationships with contractors just don't work out. Maybe they're missing deadlines, the quality isn't there, or your business needs have changed.

While contractors aren't full-time employees, you can't simply ghost them or stop responding to their messages. That's not just unprofessional—it could land you in legal trouble. Terminating their contracts requires clear communication and proper procedures. A mishandled termination can lead to misclassification claims, breach of contract disputes, or damage to your company's reputation in the freelance community.

In this blog, we'll tell you how to end contractor relationships the right way, protecting both your business and your professional reputation.

Check Your Contractor Agreement

Before you do anything else, pull up your contractor agreement and read it carefully. This might seem obvious, but many businesses skip this step and end up breaking their own contract terms.

Look for how much notice you need to give. Most contracts require anywhere from 7 to 30 days' notice before termination. If you want to end things immediately, you'll probably need to pay for that notice period — even if you don't want the contractor to continue working.

Check what happens to incomplete work. Does your agreement say you need to pay for partially finished projects? Are there milestone payments due? You'll want to be clear on this to avoid payment disputes later. Pay special attention to any confidentiality or non-compete clauses. These usually stay active even after the contract ends. The same goes for intellectual property rights - make sure you're clear on who owns what after termination.

Check if there are any specific conditions for termination outlined in the contract. Some contracts list valid reasons for ending the relationship or require certain steps before termination. Following these exactly will protect you from claims of unfair termination later.

If your contract is unclear on any of these points, it's better to figure that out now rather than in the middle of a dispute.

Document the Issues as and When They Happen

Poor contractor performance rarely appears out of nowhere. When you notice recurring issues — missed deadlines, subpar work quality, or communication gaps — start documenting them right away.

Save those email threads where deadlines were missed. Screenshot messages about quality issues. Make notes after calls where you discussed concerns. Keep track of late or incomplete deliverables. This documentation protects your business if the contractor later challenges the termination, but more importantly, it helps you have honest conversations about performance early on.

When raising issues, be specific. Instead of saying "your work has been slipping," point to exact instances: "The last three blog posts were delivered four days late, and each needed significant revisions." Share examples of what good performance looks like and set clear expectations for improvement.

Keep a record of these conversations too. After each discussion, send a follow-up email summarizing what was discussed and agreed upon. This creates a paper trail showing you tried to address issues before deciding to terminate. It also gives the contractor a fair chance to improve and ensures everyone's on the same page about expectations.

Prepare Final Payment Calculation

Working out the final payment for a contractor needs careful attention - it's often where terminations get messy and relationships turn sour. A thorough final payment calculation considers more than just the last invoice. Look at ongoing projects and figure out what portion deserves payment. For example, if they've completed 70% of a fixed-price project, you'll need to calculate that partial payment based on your contract terms.

Factor in the notice period payment if your contract requires it, even if you want the contractor to stop work immediately. Don't forget about any expense reimbursements, tool subscriptions, or other costs they've incurred on your behalf. Some contractors might have success fees, royalties, or performance bonuses in their agreements - these need to be included in your calculations too.

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Put all these calculations in a clear document that breaks down each component. Share this breakdown with your contractor before making the final payment. This transparency helps prevent payment disputes and shows respect for their work. It also gives them a chance to raise any discrepancies before you close the books. If they've been overpaid for any reason - like advance payments for work not completed - address this upfront rather than springing it on them later.

Send Formal Termination Notice

When it's time to officially end the contractor relationship, sending a clear termination notice sets the tone for a professional separation. It prevents misunderstandings and protects your business.

Write your termination notice in plain language. State the end date clearly and link it back to your contract terms. If you're providing two weeks' notice, spell out exactly what that means: "Your contract will end on November 18, 2024." Avoid vague phrases like "in two weeks" that could cause confusion. Keep the tone professional and neutral, regardless of the termination reason. Even if there have been issues, your termination notice isn't the place to air grievances. Focus on the practical aspects of ending the relationship rather than dwelling on past problems.

Be direct about what you need from them before the end date. List any final deliverables, unfinished work, or documentation you expect. This might include project files, passwords, or accounts they've been managing. Setting these expectations upfront prevents back-and-forth emails later.

Address the payment situation clearly. Will they be paid for work until the end date? Is there a final invoice you're expecting? Do they need to return any advance payments? Laying this out prevents payment disputes and shows respect for the contractor's business needs.

Send this notice via email for a clear timestamp and paper trail. While you might also have a call to discuss the termination, having everything in writing prevents misunderstandings about dates, deliverables, or final payments.

What if You Never Signed a Contract With Your Contractor?

Just because something isn't in a formal contract doesn't mean it isn't legally binding. Those emails where you discussed payment rates? The messages about project deadlines? The conversations about work expectations? They all count as valid agreements. Courts regularly look at email trails and digital communications to understand what both parties agreed to. Think of each work-related email as a small piece of evidence showing what you and your contractor agreed on.

Even without a written contract, you'll want to follow a structured approach—just with extra attention to documenting everything. Follow the same steps we covered earlier about documenting issues and calculating final payments.

Even without a formal contract, you shouldn't just vanish or stop responding to messages. That might seem like an easy way out, but it's a small world. Word gets around about how businesses treat their contractors. Plus, many of today's contractors become tomorrow's full-time employees, startup founders, or valuable connections. Ghosting a contractor or being needlessly harsh during termination is bad for your business reputation. You can end work relationships firmly while still treating people with respect.

Simplify Contractor Management with Thera

While ending contractor relationships can be complex, having the right systems in place makes it much more manageable. Thera's contractor management platform helps you stay compliant from day one by providing:

  • Clear contractor agreements that outline termination terms upfront
  • Digital paper trails of all contractor payments
  • Streamlined offboarding processes that ensure nothing falls through the cracks
  • Automated final payments with proper documentation
  • Built-in compliance checks across 150+ countries

Plus, you get access to a dedicated Slack channel with our compliance experts who can guide you through sensitive situations like terminations. Want to make contractor management headache-free? Schedule a demo with Thera today to see how we can help protect your business while treating contractors fairly.

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Elizabeth Wellington

Liz writes about business, creativity and making meaningful work. Say hello on Twitter or through her website.

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