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#1
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Civil Action/Who to ConsultI have quite a few questions regarding a complicated situation. For five years I worked for the owner of an independent restaurant in Colorado as an administrative assistant/consultant/bookkeeper. As such, I have always been privy to the manner in which he conducts business. For the past two years, his business decisions, spending habits, and general behavior have been erratic. He ended up bordering on broke, and is in the process of trying to close an entity sale of the business. Being aware of his financial situation, I continued to work while he waited for the buyer to come up with financing, and he received the initial funds. I am keenly aware of how stupid that was, so there is no need to dwell on it. About ten days ago, I asked him for a check for two weeks pay, and he told me, clearly, that he did not need my services any longer and I could "send him an invoice". I responded, in writing, that because he had chosen to dismiss me without notice or reason, I expected him to: 1. Return all furniture and equipment I had lent him for use in the business. I included an itemized list of all my property. 2. Pay me for the time owed, for which I included an invoice with a breakdown of duties performed, hours and rates. 3. Honor a signed separation agreement which stipulates that should either of us sever the business relationship for any reason, OR the business be sold I would receive a one time payment of $10,000.00 for services rendered. I made it clear in my letter that I hoped the separation could be an amicable one, and that all I wanted was for him to make good on what he had promised. He has chosen not to respond to my letter, and will not return telephone calls or emails. I am in possession of five years worth of his business records, and have knowledge of open accounts in the name of the corporation he is attempting to sell as an entity. These debts and liabilities would become the responsibility of the buyer, and I feel that the buyer should be aware of them. I am in the process of writing a second, less congenial letter, in which I want to make clear my intent to pursue the matter, using all legal options available. While I do not wish to sound overtly threatening, I want to make it clear that by ignoring my requests, he could be setting himself up for headaches reaching far beyond the situation between him and me. My questions at this time are these: • How should the second letter be sent? Certified mail, registered mail, or hand delivered. • Would it be advisable to send a copy of the letter to the people buying the business? • If I receive no response, do I have sufficient grounds for a lawsuit? • Can I litigate this matter without benefit of an attorney? • What type of an attorney would I consult? I apologize for the length of my post. I wanted to cover the matter as thoroughly as possible. Thank you for your time and any subsequent advice you may have. |
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#2
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| Yes, draw up your letter and have it Notarized, and send it by way of Certified mail return receipt requested, or by way of Priority mail, and request a tracking number. After you are sure he has received it, then, allow him 20 days to respond; and during that time, inquire into your Small claims Court for information in filing a Claim. Also, you may try and file a Lien against him, and or an injunctive action. If you are unable to get satisfaction from the above, then you will need to assess that total amount you seek, and make a decision as to hiring Attorney; hopefully an amicable solution will be reached.
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Last edited by SHORTY LONG; 08-01-2007 at 07:35 PM. |
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#3
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| If you have a written contract it should be enforceable. If you do not, then you have no claim. If you have a difference of opinion regarding the interpretation of the written contract, that should be a simple issue that your attorney can quickly sort out for you, after reviewing your documents. Since there is $10K at stake it may be worth litigation. Threatening letters, especially those laced with direct threats, may cause you some significant difficulty and you may wish to discuss this with your attorney before you go further. From your multiple posts it "sounds" like you and your employer have had a falling out and now you want him to live up to your interpretation of the written contract. He on the other hand, apparently views the situation differently. This time you are representing yourself as: Quote:
Last time you were: [url]http://forum.freeadvice.com/showthread.php?t=369238[/url] Quote:
And: Quote:
And in October last year you were: Quote:
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#4
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MisunderstandingI wrote the second letter mainly because I had not received a response to the first one, and I thought perhaps I had posted it in the wrong forum or worded it in a way that sounded vindictive. Business Operations Manager is the title used on business cards, documents and letters. I thought that entering a description of my duties would clarify that title. I sincerely apologize to the forum and to its contributing members if I misled them in any way. It was certainly not my intent to do so. I was merely trying to stay within legal boundaries in my attempt to recover what was promised to me in a signed, written agreement, along with personal possessions and payment for work completed. I would still like to know what kind of attorney I should consult if anyone is still willing to offer that advice. Thank you. |
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