Introduction
As a social media influencer, you may have an agreement with a brand that allows you to use certain products and services in exchange for promoting them on your social media accounts. However, if the brand decides to terminate its relationship with you without any apparent reason or justification, it could be considered as unlawful termination and you may have grounds for compensation.
If the engagement letter is silent on how the parties can terminate the relationship, either party can usually do so at will and without cause.
However, if one party does not have an express right to terminate without cause, this does not mean that it has no remedies for breach by its counterparty. In this case, any breach by one party would give rise to a claim for damages against the other party (i.e., the one who terminated their contractual obligations).
If you are considering terminating your contract with a brand but wish to avoid paying damages or losing rights under your agreement due to what you believe may be an unlawful termination of the agreement based on a provision within the contract or some other legal reason, it’s important to contact the brand immediately to try and negotiate a settlement. If this is not possible, you may need to proceed to court.
The court will decide if your termination was lawful or not and, if not, will determine an award for damages (money), loss of profits (money), and/or loss of goodwill (lost reputation). If your lawsuit is not successful, you won’t receive anything from the brand. However, if you do win your lawsuit, the brand will be required to pay you the damages and/or other awards that the court decides upon.
It’s important to keep in mind that taking legal action can be expensive and time-consuming, so it’s always best to try and resolve disputes through negotiation or mediation before proceeding to court.
If you want to claim damages from a brand that has unlawfully terminated its contract with you, you should first try to negotiate a settlement. When you’re considering a claim for damages against a brand, it’s important to first consider whether it would be possible to resolve the dispute out of court. If the matter is minor and can be resolved quickly, this may be the best option; however, if you are looking to resolve a complicated dispute or one that has dragged on for years, mediation might not be as effective.
In some cases, brands will agree to pay former employees certain amounts of money in order to avoid going through lengthy litigation processes and legal fees. When negotiating with a brand over what amount they should offer as compensation for terminating their contract unlawfully (if at all), keep in mind that there are several factors involved:
- The length of time between when they terminated your contract and when you filed your lawsuit against them
- Whether or not they’ve already settled with others who were also affected by their decision sets up parameters
If you fail at negotiating a settlement with the brand, then you may need to proceed to court. In this case, the court will look at the facts of your case and make a decision. They will decide if your termination was lawful or not; if so, then they must also decide on an award for damages (money). They will also determine an award for loss of profits (money) and/or loss of goodwill (lost reputation).
The question is: What happens if I lose my lawsuit?
The answer is simple: Nothing! If your lawsuit isn’t successful then you won’t win anything from the brand. However, if you do win, you’ll be awarded damages for any loss of profits or goodwill, as well as any costs associated with the lawsuit (such as legal fees).
In summary, if a brand unlawfully terminates its contract with you, you may have grounds for compensation. It’s important to try and negotiate a settlement with the brand before proceeding to court, but if that’s not possible, then you can file a lawsuit to seek damages. Just keep in mind that if you don’t win your case, you won’t be entitled to anything.
