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Employer liable for contracts employee enters?

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bweb

Junior Member
New York, Ontario County.

My wife and I purchased a cell phone plan from a reseller for T-Mobile. The salesman promised us he would pay the cancelation fee from the old cell carrier that we incurred for switching. Needless to say, we received a bill for the cancelation charges. When I called the reseller, the manager said they would take care of it. Two weeks later, the manager claims that this is a personal issue between us and the salesperson.

I am filling out a small claim form. It is my belief that I should sue the reseller since the employee was acting as an agent for the reseller. Should I put the salespersons name on the claim, just the business name, or someone else's name? Anyone have a quick link to law backing up the idea that an employer is liable for the contracts entered into by an employee?

Thanks,

Brian Weber
 


You Are Guilty

Senior Member
bweb said:
New York, Ontario County.

My wife and I purchased a cell phone plan from a reseller for T-Mobile. The salesman promised us he would pay the cancelation fee from the old cell carrier that we incurred for switching. Needless to say, we received a bill for the cancelation charges. When I called the reseller, the manager said they would take care of it. Two weeks later, the manager claims that this is a personal issue between us and the salesperson.

I am filling out a small claim form. It is my belief that I should sue the reseller since the employee was acting as an agent for the reseller. Should I put the salespersons name on the claim, just the business name, or someone else's name? Anyone have a quick link to law backing up the idea that an employer is liable for the contracts entered into by an employee?

Thanks,

Brian Weber
Not that case law will help you in small claims, but the terms you'll want to be googling are "apparent authority" and "agency".
 

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