Little Subcontractor vs Big Company
What is the name of your state (only U.S. law)?Florida
Last July my company (LLC) signed into a contract with a food concessionaire at a major sports facility in South Florida that was to last from July througH the end of february. We were to staff workers to sell products during events. Our contract stated they we were to be paid a certain number of days after each event. Throughtout the contract the concessionaire paid us sometimes 1,2, or even 3 weeks after we were suppose to recieve our monies. They would even hold partial and sometimes entire checks from us because they would say that we didnt turn in the right amount of money. This was crippling our efforts to pay our staff. By January 50,000 had been taken from us so we told the concessionaire we going to go out of business and asked if there were any options open to us. We had a meeting, they didn't like our proposal and sent me an email saying they were cutting the ties and ending the contract. I sent an email back saying they were ending the contract early. They said I ended it. My point is I was never specific about when we would go out of business but they sure were specific when they ended it. I just wanted to know if they could help.
My questions are these
1) If the contract mentions nothing about holding monies or keeping checks, can they keep our money?
2) We believe they ended the contract early (LATE JAN). We missed two events that remained on our contract losing around 15,000 in profit for those events. They actually took our badges and even told us security would not let us on site. Is that right? Can we get that money back?
3) Our contract states they may take out "7% Florida Sales Tax". They took out 8% the length of the contract.
The amount is nearly $8000. Can we get that money back?
We were subcontractors. Our staff were subcontractors. One staff member sued us and them because we didnt have workers comp ins. Later the staff members lawyer stopped calling us obviously going after the much arger company. They paid that staff member 25,000 without consulting us. Now they want to come after us for that payment. Our response is that person was a subcontractor. He wore no uniform. They told all our staff when to be at work, we just passed it along. He came in whenever he felt like it because he was paid commission and made no hourly wage. They checked our staff in before we did and had the final say on who could work and not work. He paid no federal tax. Every rule we gave our staff members came from the concessionaire. Sometimes they even fired people on my staff without even telling me. Doesnt that make our staff subcontractors? Isnt the concessionaire liable for the workers comp insurance.
There are many other issues I have with this company but those are just a few.
Please help...I feel like I have been used and abused.
What is the name of your state (only U.S. law)?Florida
Last July my company (LLC) signed into a contract with a food concessionaire at a major sports facility in South Florida that was to last from July througH the end of february. We were to staff workers to sell products during events. Our contract stated they we were to be paid a certain number of days after each event. Throughtout the contract the concessionaire paid us sometimes 1,2, or even 3 weeks after we were suppose to recieve our monies. They would even hold partial and sometimes entire checks from us because they would say that we didnt turn in the right amount of money. This was crippling our efforts to pay our staff. By January 50,000 had been taken from us so we told the concessionaire we going to go out of business and asked if there were any options open to us. We had a meeting, they didn't like our proposal and sent me an email saying they were cutting the ties and ending the contract. I sent an email back saying they were ending the contract early. They said I ended it. My point is I was never specific about when we would go out of business but they sure were specific when they ended it. I just wanted to know if they could help.
My questions are these
1) If the contract mentions nothing about holding monies or keeping checks, can they keep our money?
2) We believe they ended the contract early (LATE JAN). We missed two events that remained on our contract losing around 15,000 in profit for those events. They actually took our badges and even told us security would not let us on site. Is that right? Can we get that money back?
3) Our contract states they may take out "7% Florida Sales Tax". They took out 8% the length of the contract.
The amount is nearly $8000. Can we get that money back?
We were subcontractors. Our staff were subcontractors. One staff member sued us and them because we didnt have workers comp ins. Later the staff members lawyer stopped calling us obviously going after the much arger company. They paid that staff member 25,000 without consulting us. Now they want to come after us for that payment. Our response is that person was a subcontractor. He wore no uniform. They told all our staff when to be at work, we just passed it along. He came in whenever he felt like it because he was paid commission and made no hourly wage. They checked our staff in before we did and had the final say on who could work and not work. He paid no federal tax. Every rule we gave our staff members came from the concessionaire. Sometimes they even fired people on my staff without even telling me. Doesnt that make our staff subcontractors? Isnt the concessionaire liable for the workers comp insurance.
There are many other issues I have with this company but those are just a few.
Please help...I feel like I have been used and abused.
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