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notetaker
Jun 9, 2007, 12:12 AM
Hi, I need some clarification on verbal agreements. I know they can be enforceable in some cases. I was ask to be a manger and a loan officer. We had a meeting to discuss the pay plan. We talk about working 20 hours a week and making from $8,000 to $15,000 a month. I went out on several occasion to see what the job consist of. I use my car many times to go to different clients to make appointments. But only to observe how thing should work. I picked up workers to go to work areas. I was told when you get your own people you can manage them. But he train them.I used my car again to pick up one of his worker only to get into a accident and have my car total. I received a call telling me to pick up the company car and use that. I arrive at the car rental to my surprise, there is no insurance on the car. I made a call to him about the lack of insurance on the company car. I was told to fix it and he would correct it later. Meaning I would pay for the insurance at $14.00 a day. The Car did not have gas in it. The rental said if the car has no gas that's the way you bring it back. If you put gas in it and it was empty, you bring it back empty. I did not agreed to work under these conditions. On several occasions I witness him yelling, screaming and beating on the dashboard of the car at his workers. I decided to terminate our verbal agreement and turn in the car which I was still paying the insurance on daily. He said I broke our verbal agreement. I worked and trained with him for one month and did not receive any money for that. Is there a case? NOTETAKER

RubyPitbull
Jun 10, 2007, 09:03 AM
notetaker, if everything you are saying is true and complete, whoever this person is, he has no basis for a lawsuit. He can always sue you, anyone can do that, but he won't get far. He has not prepaid you commissions for work that has yet to be performed. What part of the verbal contract has he carried out on his end? Nothing. You have trained for a month and have not received any compensation. In fact, you are actually out of pocket for covering insurance on a rental car & gas to transport people. So, you have chosen not to continue. Anyone can quit a job if it is not working out. There is no contract here, no matter what he says. You have more of a basis for a lawsuit than he does, because his verbal agreement with you was to reimburse you for the additional car insurance. He has not done that. You can walk away from this if you so choose.

P.S. Your post was a bit confusing. I was under the impression he was threatening to sue you. If you are asking for yourself if you can sue him, you have the basis for a lawsuit for anything you are out of pocket on. If this was an agreement based on commissions you would be paid, which this sounds like, unless you closed deals, you would have trouble getting reimbursed for the time you put in. But, you may want to consult an attorney in your area to find out what your options are. You need to go into more detail with that person than you have here for them to make a determination as to whether you have the basis for anything more than a small claims suit.