Is this oral contract binding in FL?

[imatworkallday]

First the players in this drama
The Boss-Owner of XYZTransport and employer
The Ex-Owners daughter and ex wife
The Finance Minister-Very newly appointed finance person (she apparently is an accountant), exs girlfriend, and holds a negative opinion of me (I do not know why, I have never met her)
Gas Hauling Co.- fuel delivery company that the Bosses truck/company is leased too

Back in Oct/Nov 2013, I started working for the Boss as an independent contractor (I am registered as an LLC in FL he is registered as a corporation.). After I finished my training period we discussed pay. When we looked at the pay stub, we determined that I should be paid weekly at 55% of Line A plus any payouts for delays. This is how I have been paid since. There was no written agreement, only a verbal. Now fast forward to just a couple of days ago. I received a text message from the Finance Minister stating that pay was being figured wrong and that it was supposed to be figured off Line C. Long story short, starting either this week or next week pay will be figured off of this line and with result in an approximate 25% pay cut. I don't necessarily want to bring legal action against the Boss. I do understand that he needs to make money and pay may need to be adjusted, however I want to get him to negotiate. This decrease is approximately $1000 a month. I am wondering if the verbal agreement is binding? By him changing the agreement without seeking my input, does he violate this agreement? The only evidence I can provide for this are my pay stubs and the voided checks that are figured off of the 55% of line A.

I appreciate the input!

 

[Zigner]

First the players in this drama
The Boss-Owner of XYZTransport and employer
The Ex-Owners daughter and ex wife
The Finance Minister-Very newly appointed finance person (she apparently is an accountant), exs girlfriend, and holds a negative opinion of me (I do not know why, I have never met her)
Gas Hauling Co.- fuel delivery company that the Bosses truck/company is leased too

Back in Oct/Nov 2013, I started working for the Boss as an independent contractor (I am registered as an LLC in FL he is registered as a corporation.). After I finished my training period we discussed pay. When we looked at the pay stub, we determined that I should be paid weekly at 55% of Line A plus any payouts for delays. This is how I have been paid since. There was no written agreement, only a verbal. Now fast forward to just a couple of days ago. I received a text message from the Finance Minister stating that pay was being figured wrong and that it was supposed to be figured off Line C. Long story short, starting either this week or next week pay will be figured off of this line and with result in an approximate 25% pay cut. I don't necessarily want to bring legal action against the Boss. I do understand that he needs to make money and pay may need to be adjusted, however I want to get him to negotiate. This decrease is approximately $1000 a month. I am wondering if the verbal agreement is binding? By him changing the agreement without seeking my input, does he violate this agreement? The only evidence I can provide for this are my pay stubs and the voided checks that are figured off of the 55% of line A.

I appreciate the input!

Perfectly legal.

ETA: What I mean is that the boss can change your rate at any time he wishes.

 

[PaulMass]

Although this may be a valid, binding, contract, there does not appear to be any specified duration for the contract. The Boss may make a new offer for the upcoming work at any time.

Realize that you are also free to accept or reject the new offer, and are under no obligation to work for the new rate.

 

[imatworkallday]

Beyond ***sed

Well crud. I was hoping for a different answer. I again appreciate the input.

On a related note, this is the second week in a row that my paycheck has bounced. Is there anything I can do about that? The first time it happend the boss had to cut another check. I got that check with the then current week paycheck. Tonight I found out that the reissued check is ok and now the paycheck for last week bounced. Anything I can/should do regarding this new situation, besides telling the boss that it bounced and he needs to fix it, yesterday.

 

[ecmst12]

You are not an employee, and even if you were, there is no DOL in Florida. You can sue in small claims court (or regular court, if too much).

 

[imatworkallday]

Got another one...

So the pay for the job is two weeks behind. Its like that for everyone, not just me. I was told via text message that these changes would go into effect on this paycheck. Since pay is two weeks behind, does that mean I am still entitled to pay at the original rate for two more weeks or is this another case of welcome to FL, you're SOL?

 

[OHRoadwarrior]

It sounds like you now have enough experience to move on to a better company. I suggest you do so. I knew a dispatcher for a company that operated across the US that was good to work for however, I never stayed in touch so I could not even tender a suggestion as to what companies you might look for in your area.

 

[Zigner]

So the pay for the job is two weeks behind. Its like that for everyone, not just me. I was told via text message that these changes would go into effect on this paycheck. Since pay is two weeks behind, does that mean I am still entitled to pay at the original rate for two more weeks or is this another case of welcome to FL, you're SOL?

As you were told, your recourse is small claims court.