Advice Please!

[JasonRodgers45]

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

My new neighbor came over to my house to introduce herself to my family. She said she was a paralegal, and her law office was opening in Georgia. I told her I was a Construction Worker. We talked for about an hour and she mentioned she needed some home repairs done (windows painted shut, back door hinges rusted,garage door opener, etc). I handed her my business card.

I told her that I would be able to help her, if she bought the supplies. She said she didnt know what to buy, so I told her i would make a list. She said she would just give me the money ($500.00). I went and purchased her material.

We had a VERBAL AGREEMENT for me to fix her house, yet she nor I ever stated when the work was to be completed. I was basically working around her schedule-she went back to Oregon to retrieve the rest of her furnishings, which lasted for two weeks.....I had no access to her house! Then she went on a business trip (for 6 weeks) after being home for one day; still no access to her house.

We spoke numerous times on the phone, and everything seemed good.

She returned home after her 8 weeks hiatus and demanded that I return her money or she would have me arrested for theft-by-deception. She also called my boss (got the number from my business card). She told my boss that I represented the Company, and therefore the Company is responsible for the money. She then proceeded to inform my boss that she would sue the Company based on my actions (of not fixing her house).

My boss called me into the office and informed me that I was no longer employed due to work without the Company Consent. i informed my boss that i wasnt doing the work for profit, but to help a neighbor. i was receiving ZERO COMPENSATION from the project.

My boss said he heard audio tape conversations of her and I talking on the phone where she states that she would somehow "PAY ME FOR MY SERVICE". i did not take it as a monetary compensation, but as a Neighborly Compensation.

Can she legally record conversations without my consent?


What are my legal grounds? Can I sue her for Breach of Contract? What about Loss of Employment?

 

[HomeGuru]

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

My new neighbor came over to my house to introduce herself to my family. She said she was a paralegal, and her law office was opening in Georgia. I told her I was a Construction Worker. We talked for about an hour and she mentioned she needed some home repairs done (windows painted shut, back door hinges rusted,garage door opener, etc). I handed her my business card.

I told her that I would be able to help her, if she bought the supplies. She said she didnt know what to buy, so I told her i would make a list. She said she would just give me the money ($500.00). I went and purchased her material.

We had a VERBAL AGREEMENT for me to fix her house, yet she nor I ever stated when the work was to be completed. I was basically working around her schedule-she went back to Oregon to retrieve the rest of her furnishings, which lasted for two weeks.....I had no access to her house! Then she went on a business trip (for 6 weeks) after being home for one day; still no access to her house.

We spoke numerous times on the phone, and everything seemed good.

She returned home after her 8 weeks hiatus and demanded that I return her money or she would have me arrested for theft-by-deception. She also called my boss (got the number from my business card). She told my boss that I represented the Company, and therefore the Company is responsible for the money. She then proceeded to inform my boss that she would sue the Company based on my actions (of not fixing her house).

My boss called me into the office and informed me that I was no longer employed due to work without the Company Consent. i informed my boss that i wasnt doing the work for profit, but to help a neighbor. i was receiving ZERO COMPENSATION from the project.

My boss said he heard audio tape conversations of her and I talking on the phone where she states that she would somehow "PAY ME FOR MY SERVICE". i did not take it as a monetary compensation, but as a Neighborly Compensation.

Can she legally record conversations without my consent?


What are my legal grounds? Can I sue her for Breach of Contract? What about Loss of Employment?

**A: sounds like you have no case.

 

[OHRoadwarrior]

http://law.justia.com/codes/georgia/2006/16/16-11-66.html

Yes it is legal.

 

[sandyclaus]

16-11-66 :: 16-11 :: Title 16 — Crimes and Offenses :: 2006 Georgia Code :: Georgia Code :: US Codes and Statutes :: US Law :: Justia

Yes it is legal.

As this poster states, YES it is legal to record you without your knowledge.

The fact that she tape recorded a conversation with you offering to pay you for your service implies that you were going to receive some form of compensation for the work.

Write this woman a letter stating that she can pickup the materials you bought and refund her the remaining funds from the $500 she gave you for supplies (use a cashier's or bank check, so that you have proof if/when she decides to cash it), and tell her she can find someone else to do the work for her. Put it in writing, send it to her via Certified Mail, Return Receipt Requested. That will clear up the debt she claims.

As for getting fired for doing work off the books, that's on you. You presented your "client" with your business card. That would imply you were doing this work as as a job for the company you work for, especially since there was nothing to prove otherwise (such as a written contract or other documentation of the job you were to perform). Your "Loss of Employment" claim would not hold up because of this.

As for suing HER for Breach of Contract, again, you would have to prove that there were specific terms of the contract that were not or could not be performed as a result of her breach. Without something in writing, it would also be he said/she said. You MIGHT be able to challenge this, but since you were not expecting payment of any form in your agreement, you have no damages, and therefore no valid claim.

 

[JasonRodgers45]

Quick update! The lady now wants me to sign a written contract that states that she did give me $500.00 to work on her house. She says if I do not sign it, then she will take me to court.

Can an oral agreement become a written contract 8 weeks after the verbal agreement was made?

 

[sandyclaus]

Quick update! The lady now wants me to sign a written contract that states that she did give me $500.00 to work on her house. She says if I do not sign it, then she will take me to court.

Can an oral agreement become a written contract 8 weeks after the verbal agreement was made?

So, she already threatened to sue you, she has no proof, and she is asking you to sign a document that supports her case?

JUST SAY NO!

Follow the advice I gave you in my previous post. If she does happen to take you to court, you will be able to show that you gave her back (or offered to give back) what she claims to have given you, and she will no longer have a claim.

 

[Free_Advice]

I would write up a contract, you have no argument that she gave your $500? right?

So write up the contract that the $500 is for materials to be used in the work on her house and that either party can sever the contract at any time and any materials and/or money would be returned to her if you decide on severing the contract.

And have her sign the contract and get an original. After she signs it, sever the contract, bring over the supplies your purchased for her and give her the remaining money back.

If she does not want to sign such a contract then tell her that she is the one refusing to honor your agreement & return the materials & excess $$ to her.

Right now you are in a bad position -- you have materials and money that belongs to her...

The recording would never see a courtroom .. motion in limine to prevent it if needed.

 

[sandyclaus]

The recording would never see a courtroom .. motion in limine to prevent it if needed.

You seriously need to STOP giving incorrect advice to these people!

Didn't you read the previous posts? Per THIS website: "Can We Tape?"

However, the law expressly provides that it does not prohibit a person who is a party to a conversation from recording, and allows recording if one party to the conversation has given prior consent. Ga. Code Ann. § 16-11-66. See also Malone v. State, 541 S.E.2d 431 (Ga. Ct. App. 2000).

The law is very much on point here, and a Motion in Limine would most definitely be rejected.