Employer ripped me off

[msherbet]

What is the name of your state (only U.S. law)? Texas
My employer's offer letter included a company vehicle and gas card. They never materialized and I was forced to use my own car in my job. They have not reimbursed me for the 5,000 miles I drove during my employment nor for any other business expenses that were supposed to be covered. They terminated me and ceased any further communications.

I have documented all of this and my actual expenses and filed in small claims court. Any suggestions? Would this case be likely to receive punitive damages? Would it constitute fraud or simply breach of contract?

Thanks!

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? Texas
My employer's offer letter included a company vehicle and gas card. They never materialized and I was forced to use my own car in my job. They have not reimbursed me for the 5,000 miles I drove during my employment nor for any other business expenses that were supposed to be covered. They terminated me and ceased any further communications.

I have documented all of this and my actual expenses and filed in small claims court. Any suggestions? Would this case be likely to receive punitive damages? Would it constitute fraud or simply breach of contract?

Thanks!

It may be breach of contract, but I haven't read the offer letter that you feel constituted a contract.

 

[latigo]

What you’ve described here concerns simple contract law and does not suggest any tortuous conduct on the part of the employer such as actionable fraud, malice, deceit or false representations.

Consequently if you were to prevail in a breach of contract action, your damages would be strictly compensatory and would not entitle you to exemplary or punitive damages. *

Furthermore, with respect to the compensatory damages, you could be faced with those damages being limited under the established principle of the law of damages that requires the claimant to make reasonable efforts to mitigate his or her loss.

I mention that only as a caveat in view of the fact that sometime early on in the employment you must have been conscious that the employer was not going to provide the vehicle or the gas card.

Once the breach of contract is made clear there is a limit as to how far the injured party can proceed with his or her performance and yet accumulate loss at the expense of the other party.

In your case it may be that economic factors – limited alternatives of employment, etc. – left you no choice but to continue on. And most likely and arguably that the employer would eventually honor the deal.

Of course you need be aware that it is your sole burden to prove that the agreement as you claim it to be was actually made

Good luck

Sax


[*] “Texas Civil Practice and Remedies Code Sec. 41.003. STANDARDS FOR RECOVERY OF EXEMPLARY DAMAGES.

(a) Except as provided by Subsection (c) (criminal conduct), exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm with respect to which the claimant seeks recovery of exemplary damages results from:
(1) fraud;
(2) malice; or
(3) gross negligence.”