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We are in florida, we worked without a signed contract (only

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We are in florida, we worked without a signed contract (only verbal) with a company to haul produce. using our authority, and equipment. they said they would only take 10% off the load for themselves and give us the rest. They never sent any conformations on the loads and when we asked for one they would say they haven't gotten one yet or some other reason not to send us one, we got the rates the following monday or tuesday for the week prior but still no conformatiions. We stayed with them because it was the only thing getting out of florida that paid decent. We were told by someone who knowes this company what they were really getting paid for the loads,detetion time, drop pay, which was a lot more than what they told us it paid. Just wanted to know if their is something we can do or are we out of luck.
Submitted: 5 years ago.
Category: Business Law
Expert:  socrateaser replied 5 years ago.

If you have a third party witness with knowledge that the contracting party's revenue was greater than reported to you, then you can sue for the difference. The fact that you were paid a percentage of what you thought the value of the loan was, proves that there was a commission involved, and assuming you have some sort of statement from the other party in writing of what you were being paid for on the checks, then that would prove the contract.

 

It really depends on the quality of your evidence. I can see the possibility of proving the breach, but without reviewing all of your documents and accounts, there's no way to definitively state that you have a good case.

 

For a civil litigation attorney referral in your state, see: http://www.abanet.org/legalservices/lris/directory/ and www.martindale.com.

 

Hope this helps.

 

 

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socrateaser, Attorney
Category: Business Law
Satisfied Customers: 34462
Experience: Retired (mostly)
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