Offered A Piece Of The Pie...Oral Contract.

[tailinred1]

What is the name of your state (only U.S. law)?
Florida

In 2008 I was brought on to an organization to team up on a retail concept store I came up with. My abilities in design, purchasing and management and their dollars to get it going. After completing a less than comprehensive business plan, they liked it and brought me in with both the President and Vice President where I was told that should the concept take off? I would participate in both ownership and monetarily. I named the store while the organization trademarked the brand. We started with a temporary 1 year lease and the store took off immediately. After the temp lease, we found a more permanent location where I floor planned, did decor, purchased goods, set up buying plans, including everyday operations and management. The store was an absolute success from day one to current. Then, I was asked to help take on company stores that were floundering of which I brought up double % to date but being left out of my namesake store and is becoming more clear they have no intention of making me a part of this success other than having a job. They are keeping me away. This comes as numerous centers, premier centers, are asking us to come in as they love the concept and what it can mean for their centers. What options do I have? Matter for the courts? Thanks...

 

[tranquility]

It is rare I don't accept pie when offered. Delicious pie, mmmm....

Don't use the preview function. It eats posts. You'll have to try again.

 

[swalsh411]

Why do you think they owe you anything other than a pay check? What evidence do you have?

 

[tailinred1]

Was, is that a verbal contract for ownership was the question I should have asked perhaps. Everyone in the company knows that it is my business plan and concept including the former controller. I was brought on to lead and complete this expedition with the expressed intention in sharing in it's success and profitability I suggest.

 

[tranquility]

A contract can be defined as an offer, an acceptance and consideration. Sometimes an offer can be defined as an outward manifestation of present contractual intent, with definite and certain terms, relayed to the offeree.

There does not seem to be a present contractual intent or definite and certain terms relayed to you orally, so I'd say you did not have an offer--hence no contract.

 

[swalsh411]

Sounds like you got lead on by a promise that wasn't enforceable. Why buy the cow when you can suck the milk for free?

 

[Sloop John D]

I'm still not entirely sure what your employment status with this company was. Were you an employee of the company that you developed the design for? Were you volunteering your services in the hopes that you would be brought on board as an owner? Were you working with a different company that was hired to help this company start up?

From the way you described it, it sounds like some kind of bonus agreement. If the concept was successful, you would be receiving compensation in the form of shares and cash. Of course, all of this would depend on the nature of your dealings with the company and the conversations you had with them. The details you provided here are a bit spare. It would be a good idea to speak with a lawyer and try to provide as much detail about your conversations with the company as possible.

 

[tailinred1]

Like wise, exclusion of non compete or exclusivity of the concept and or product lines I provide access to. Could open up a store right next to them with no possible threat of litigation?

 

[Sloop John D]

Like wise, exclusion of non compete or exclusivity of the concept and or product lines I provide access to. Could open up a store right next to them with no possible threat of litigation?

I'm still not entirely clear on what your concept was or what your relationship with this company is, so I couldn't say for sure. It appears that you're interested in maintaining the secrecy of your design, so I would recommend addressing your questions to an attorney as opposed to a public forum where anyone with an internet connection can read it.

 

[tranquility]

Like wise, exclusion of non compete or exclusivity of the concept and or product lines I provide access to. Could open up a store right next to them with no possible threat of litigation?

The "concept" could be some sort of trademark or trade dress if it is something that uniquely identifies the business in some way. If they sued you, it would be for violation of IP law and not breach of contract.