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Started By
Message
Calling all OT contract lawyers...
Posted on 7/14/15 at 11:55 am
Posted on 7/14/15 at 11:55 am
Ok, here's the scenario, employer and employee have a contract agreement under 2 separate contracts, both signed and dated on the same day.
Contract A states the employee will be given a stipend and in return employee will work in a given area of the state for x amount of time.
Contract B states how employer is to compensate employee for his work.
Employer does not honor contract B even though he was given several warnings.
Employee quits the company and leaves the area, thereby not honoring contract A (again, this only happened after employer did not honor contract B despite several months of warning).
My question is: does the employer have any recourse to come after the employee for the original stipend for not honoring contract A even though he employer did not honor contract B first?
Is there any legal presedence in a case like this?
TIA
Contract A states the employee will be given a stipend and in return employee will work in a given area of the state for x amount of time.
Contract B states how employer is to compensate employee for his work.
Employer does not honor contract B even though he was given several warnings.
Employee quits the company and leaves the area, thereby not honoring contract A (again, this only happened after employer did not honor contract B despite several months of warning).
My question is: does the employer have any recourse to come after the employee for the original stipend for not honoring contract A even though he employer did not honor contract B first?
Is there any legal presedence in a case like this?
TIA
15
Posted on 7/14/15 at 11:56 am to white perch
Seriously? Just go pay your 500 bucks and get real advice.
Posted on 7/14/15 at 11:56 am to white perch
No lawyer but why would this be two separate contracts? Seems like it would all be easier to have it as one outlining everything.
Posted on 7/14/15 at 11:57 am to white perch
is this an MBE question? If so, there's a 62% chance I'll get it correct
This post was edited on 7/14/15 at 11:58 am
Posted on 7/14/15 at 11:57 am to white perch
My friend, call a lawyer.
Posted on 7/14/15 at 11:58 am to white perch
IMO no. By not living up to contract B, the employer made contract A null and void.
Posted on 7/14/15 at 11:58 am to white perch
Not a lawyer but of course there's recourse.
Court = Liar's Contest
Every case has merit.
No one will win or lose 100% of the total value (other than the attorneys, who will win 100%).
Court = Liar's Contest
Every case has merit.
No one will win or lose 100% of the total value (other than the attorneys, who will win 100%).
Posted on 7/14/15 at 11:59 am to white perch
quote:
does the employer have any recourse to come after the employee for the original stipend for not honoring contract A
yes
quote:
even though he employer did not honor contract B
contract B has nothing to do with contract A. All should have been under one contract.
I'm not a lawyer but I did fall asleep on the couch last night.
This post was edited on 7/14/15 at 12:00 pm
Posted on 7/14/15 at 11:59 am to Cdawg
Yes....and no....so, maybe.
Posted on 7/14/15 at 11:59 am to white perch
If the compensation shortfall exceeds the total stipend over the same period, why would there be a fight unless the employee brought it?
Posted on 7/14/15 at 12:00 pm to soccerfüt
quote:
Court = Liar's Contest
Every case has merit.
No one will win or lose 100% of the total value (other than the attorneys, who will win 100%)
For the record, I like your style.
Posted on 7/14/15 at 12:01 pm to white perch
Dumb to have two separate contracts.
Ignoring point one, termination provisions of each should cross-reference the other.
Stipend should be expressly addressed as liquidated damages in the event that employer breaches contract B.
Have your employment counsel review each, because many employment arrangements are not dealt with by contract alone.
Ignoring point one, termination provisions of each should cross-reference the other.
Stipend should be expressly addressed as liquidated damages in the event that employer breaches contract B.
Have your employment counsel review each, because many employment arrangements are not dealt with by contract alone.
Posted on 7/14/15 at 12:02 pm to white perch
Employee wins. Case closed.
/thread
/thread
Posted on 7/14/15 at 12:05 pm to Artie Rome
This better be a substantial amount of cash to even be asking this question.
Because what you pay the lawyers in the first couple of hours will likely exceed what you are fighting about. Offer the employee / employer a settlement figure and move on.
Because what you pay the lawyers in the first couple of hours will likely exceed what you are fighting about. Offer the employee / employer a settlement figure and move on.
Posted on 7/14/15 at 12:08 pm to white perch
quote:
My question is: does the employer have any recourse to come after the employee for the original stipend for not honoring contract A even though he employer did not honor contract B first?
I don't know.
quote:
Is there any legal presedence in a case like this?
Crap, I don't know this one either.
Surprising because I have read a fair amount of Scott Turow's work.
Posted on 7/14/15 at 12:13 pm to white perch
Post the contracts but each party apparently had a breach of contract issue from their respective positions.
Go for Judge Judy Arbitration.
Go for Judge Judy Arbitration.
Posted on 7/14/15 at 12:14 pm to white perch
You're not going to get a proper answer without full disclosure of all the facts. And it's highly likely that anyone who is qualified to give you an adequate answer once being armed with those facts will do so without being compensated..
Posted on 7/14/15 at 12:25 pm to white perch
Oftentimes, its irrelevant if the case has merit. Companies have more money than individuals generally speaking. So they come after you knowing you cant/wont incur the legal fees to fight it.
Posted on 7/14/15 at 12:42 pm to Artie Rome
quote:
Employee wins. Case closed. /thread
Care to elaborate...
Posted on 7/14/15 at 12:44 pm to white perch
He/she/it doesn't base this on any case law.
Just posting to hear the keys tap.
The summation is seek professional help (and an attorney).
Just posting to hear the keys tap.
The summation is seek professional help (and an attorney).
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