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BREACH OF CONTRACT...DO I HAVE A CASE?

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C

chinman

Guest
My job: computer consultant (incorporated) working through an agency

Oct 10-26
Manager goes on vacation. I am not informed.
I find out by sending an email to him and getting an auto-reply vacation message.

Oct 23
I give my 2 weeks notice to my agency that I'm quitting.

Oct 30
Manager comes back to work. Agency informs him I'm quitting.
I don't say anything assuming he knows already.

Oct 31, 2000
I come back from lunch and Manager sits me down at a Conference Room.
Mgr says that users have been complaining about my performance.
I was never given a warning. This is news to me.
I ask Mgr if he would like me to leave TODAY.
Mgr says yes.
I just ask that my timesheet be signed and I would be on my way out the building.
Mgr says OK.

Mgr then asks why I didn't tell him the day he came back that I was quitting.
I reply by asking him why he didn't inform me he was going on vacation for 2wks.
Mgr said that's irrelevant.
Mgr then asks me again why I didn't tell him I was quitting when he came back from vacation.
I said it is for the same reason why he didn't tell me he went on vacation. It's irrelevant.

Mgr gets mad as I leave and calls security to escort me out the building.
Mgr says that he is not signing anything and to have my agency call him about timesheets.

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THE AFTERMATH:

Nov 1

I call the agency.
Agency knows about what had transpired.
Agency is bitter that I quit and blamed me for everything.
Agency said that I jeopardized their relationship with the new client since I was their foot in the door.
Agency says I will get paid when they do and that there were no guarantees.
Agency asks me to refax signed first 4 weeks of timesheets and I do.

Nov 27

I call the agency.
I tell the agency that it has been nearly a month now and my contract states that I should get paid 30 days after invoice.
I tell the agency that it is fine to me if I don't get paid for those last 2 days.

According to the agency, they just got paid for my work completed 2 months ago by the client this month.
Agency wants me to bear some of the risk since I put their relationship with their client in jeopardy.
I told the agency that according to my contract, I was supposed to get paid 30 days after invoicing.
Agency says that they are not going to pay me first, not knowing if the client will pay them for October.
Agency says that yes, it is a breach of contract, but said that I had breached the contract first by misrepresenting them in such a way that the client wanted to get rid of me.
Agency says they would be happy to tell that in front of a judge if I want to sue them.


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QUESTIONS:

DO I HAVE A CASE FOR BREACH OF CONTRACT?

WHAT COURT WOULD I GO TO SINCE THE SUM IS OVER $10,000?
 


HomeGuru

Senior Member
Hire an attorney since we do not know the terms and conditions of your contract. There also could be a binding arbitration clause. Check it out.
 

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