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What are my chances?

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clmclain

Guest
What is the name of your state? Pennsylvania

I made deal with a president of a company that I used to work to do content management on their website as an independent contractor. We had a agreement in which both of us signed. In the contract, it says I would be paid $500 biweekly starting May 15th 2002 for my services on the website and that the contract would be reviewed one year from date signed or unless mutual agreement of termination is reached between both parties. Well, the president decided without notice that he wanted to end the contract without telling me by pulling the plug on the website.

He has sent me nothing in writing that say he wants to terminate our agreement and refuses to answer my calls. According to the contract he still needs to pay me until May 15, 2003 which is about $1250 (he verbally told me that he would pay me through the end of my contract before but I doubt he will b/c he's a big jerk)

Will this uphold in a small claims court if he doesn't pay?
 
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Veronica01

Guest
You say he verbally told you that he would pay you through the end of the contract. That indicates to me that you have had a discussion with him about the termination of the contract. Noting in your post indicates that a written notice is required for that purpose, you’ve reached a mutual agreement orally. What you are going to complain about in the court? What I am missing here?
 

stephenk

Senior Member
you have a good chance of winning with your contract and nothing in writing that confirms a mutual agreement was reached on termination of the contract.

his agreement to pay you the balance of the contract can be brought up in court. If he denies it, you still have the contract.
 
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clmclain

Guest
Well, the last contact I had with him was on April 10th, he handed my check and said this is the last check you will see from and the rest will be mailed and he walked away from me.

That morning my check was due for me to pick up at his office, it wasn't ready and I had to go back later to pick it up. I sent him an email about the fact that this was one of several times my check wasn't ready and I had to come back later in the day or the next day to pick it up and I perferred them to be ready when I arrived. I think he got mad and that is the only reason I could think of that he would want to cancel our contract.

Then he wouldn't return my calls or respond to my emails and he had another employee call me a week later to tell me he wanted to terminate the contract and the check would be in the mail - which it wasn't. I told him I wanted my money and a written statement that he wanted to terminate our contract and I haven't received anything yet. Then yesterday, I saw that he switched domain names (b/c he does own it) and the site was inactive.

I was going to send him an invoice for the remiander of the contract and if he didn't pay, I wanted to know if I had a small claims case in court b/c he did agree to pay and there wasn't a mutual agreement to terminate the contract.
 
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Veronica01

Guest
Your feedback confirms what I said in the previous reply, but first, one piece at a time.

The contract is for one year with a starting date May 15, 2002. That means your contract ends by the end of the day May 14, 2003.

I am not sure if you are rephrasing the contract or you are reproducing the actual statements. According to your post, the contract does not say it will be renewed automatically at the end of its one-year duration. That means the contract ends by May 14, 2003. You cannot enforce extension of the duration of the contract, or renewal of the contract beyond that date. I don’t see anything in your post to suggest otherwise.

The language “or unless mutual agreement of termination is reached between both parties” is meaningful to the extent that the parties would agree to terminate the contract before its maturity date. This situation does not apply at this moment since he did not notified you that he terminated the contract, nor did he discuss with you the termination of the contract. He promised to pay you until the maturity date of May 14, 2003. He does no longer desire handing the check to you in person, he wanted to mail it to you. I cannot interpret this as a termination of the contract. Is there a provision in the contract that prevents him from mailing you the check?

He is not paying you on time as provided in the contract. This is a breach of contract. If you have documented your repeated requests reminding him to pay you, and some time has gone, perhaps three payment cycles, you will have a better chance to nail him down in the court. If you wish to pursue that path, request the payment of all past due, plus interest until the day he pays what he owes you in full, plus a punitive damage. You may not get all you ask for, but you do not lose anything by asking. Push your request to the limit permitted in the small claims court in your jurisdiction.

You said he changed the domain name of his web site. I don’t see why he could not do so. Is there anything in the contract that prevents him from changing the domain name before the end of the contract? If yes, then he’s exposed himself to a breach of contract, otherwise this question is irrelevant to a breach of contract.

Another person called you and told you that he, your boss, wanted to terminate the contract. That’s not a termination of the contract, save it was not a direct statement from your boss to you. It is from a third party who has no authority on the termination of the contract. This communication cannot be construed material to breach of contract against your boss. This and the change of domain could be used to strengthen the perception of the court of your boss bad faith, hopefully.
 
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clmclain

Guest
Here is the exact wording in the contract: "Christine (last name) will remain as the Content Manager of the Flex-FX website until services are no longer necessary- this contract will be reviewed between Chuck (last name) and Christine (last name) one year after it is signed or when mutual agreement of termination has been reached between parties"

Unfortuately, I don't have documentation of delayed payments. I do have documnetation that I have requested timely payments in an email to him twice.

He is in breach of contract with the web hosting company that I contracted him through. In my contract he was supposed to pay them the remainder of the fees for the site design one month after the site launched which was June 20, 2002 and he still has not paid it so that shows that he is negligent and that would be a breach of contract.

What I am going to do is send him another letter with my attached invoices. I am going to tell him that I need a letter of termination of the contract and I want the remainder of my contract paid up by May 15th 2003 ans that will be our mutual agreement and see what happens. If I don't hear anything from him by them or I am not paid by then - do you still think my chances are good in court?
 
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Veronica01

Guest
I am still of the same opinion I state earlier. He has not terminated your contract, not as of this moment, since he has not given you a notice that your services are no longer required. That means you are still on the payroll until May 14, 2003. If he does not pay you until that date, then you got a good legal action on the breach of contract provided the contract specifically says he pays you biweekly from the starting date of the contract.

You can document the payments by copying the checks before you cash them.

His breach of contract with the web hosting company is not material to your contract with him, but you could use it to show pattern of behavior and bad faith.

You can do whatever you believe best serves your interest. I would suggest this, do nothing now other than reminding him that you have not receive a check yet. Wait until May 15 then send him your request to pay what he owes you of non-paid fees until May14 inclusive. You may add interest on what he owes you if you wish to blow his blood pressure to the roof. If he does not comply, then make your decision and take him to court.
 
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clmclain

Guest
What should I do if he sends me a termination letter tomorrow but no payment?

I can collect until April 24th b/c the website was still active and I have not received a letter of termination but what if he sends me one in the mail and I get it tomorrow? Can I still say that we did not mutually agree to end the contract and can I say that paying me through May 15th, would be a our mutual agreement. I was going to send him a letter stating that only when I receive payment in full will our contract be terminated. What do you think of that or do you think I should just wait?
 

djohnson

Senior Member
I think you should wait until a payment is missed. You are still under the contract until May 14th. He should pay you through that date or he will be in breach of contract and you can sue him. He hasn't done anything wrong yet though because he hasn't missed a payment.
 
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clmclain

Guest
He missed my April 24th pay date which was yesterday and the mail already came today and I havent received anything so he has missed a payment.
 

djohnson

Senior Member
Then in my opinion what I would do is send a letter CRRR to him explaining terms and expected payment give him so long to comply and then file a suit in small claims court.
 
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clmclain

Guest
I think I am going to wait another week and then send the letter so that more time will have passed that he will have owed me money - that makes it worse for him.

The other company I was working with, the web host, wants to take him to court too since he is in breach of their contract as well - he never sent them anything in writing that he wanted to terminate their contract and he still owes them money.

We are going to take him to small claims court together so we have a stronger case against him.
 
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OnlyOneVoice

Guest
CRRR is a postal code which stands for

Certified Mail
Return Receipt Requested


Certified provides proof that you mailed it and the Return Receipt is proof that it was received as the receipient is required to sign for it's delivery.
 
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Veronica01

Guest
clmclain said:
I think I am going to wait another week and then send the letter so that more time will have passed that he will have owed me money - that makes it worse for him.

The other company I was working with, the web host, wants to take him to court too since he is in breach of their contract as well - he never sent them anything in writing that he wanted to terminate their contract and he still owes them money.

We are going to take him to small claims court together so we have a stronger case against him.

Relax, a couple of days behind payment is not Gotterdammerung. You are on the contract until the contract ends. He cannot terminate the contract now. If you do not agree on the termination of the contract now he cannot terminate it without your agreement, unless he could come up with a striking cause that could be held against you. If by next week you haven’t received your check, send him an email reminding him. He could be forgetful and he needs to be reminded. Avoid acting in a way that could make you the guilty party.


Don't make the problem of the other company with him you business. If they ask you to testify in their case do so.
 

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