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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88746
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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In a 2001 federal case against the Ritz-Carlton, Naples, FL,

Resolved Question:

In a 2001 federal case against the Ritz-Carlton, Naples, FL, which was settled, the general manager, has since and from 4/08 to date, breached the terms of settlement. He was the party deposed during the case and the party who also introduced fraudulant evidence (ALTERED MY INVOICES) during that deposition. He alos gavce false testimony (provable) during deposition.
May I sue for breach of contract ( the settlement)
Submitted: 4 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 4 years ago.
If they are not abiding by the terms of the settlement agreement, then it would be a breach of contract and you would have to sue under that cause of action. In FL, you have 5 years from the date of the breach of the contract to file the suit. You should consider giving written notice of the breach to the management of the hotel and inform them their continued breach will lead to further litigation and also you should make a reasonable demand for damages from them based upon the breach that has just occurred.


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Customer: replied 4 years ago.

I was obviously discriminated agianst by the manager when his employees instructed the independent contractor (the hotel entertainment vendor) not to use our services this past Sunday. My settlement agreement states "no disparaging remarks and also was an "amicable" settlement - so the employees know he is still harboring bad will agianst me and my company and they do not wantto see us on the property -

 

Is he at fault? PS he just made nationwide news as he is the taghet of a discrimination lawsuit by an employee filed 4/21/10.

Expert:  Law Educator, Esq. replied 4 years ago.
If he is discriminating against you based on your age/race/sex/disability or in retaliation for you exercising a lawful right (your lawsuit) then you have grounds for that claim as a part of your breach of contact action (settlement agreement) and you can add that. You would name the hotel corporation and him individually as the manager for taking this action on his own which was against the settlement agreement.
Customer: replied 4 years ago.

ok - almost done.

 

Can we claim discrimination even though we are not "employees" - rather working for his independent contractor - do those civil rights protection laws apply to us?

 

He actually called me in Oct to say he "is still upset at the events of that day" (the deposition 10 years ago in our lawsuit. And to this past weekend his employees prevented us from performiong for a client thru the independent contractor (entertianment vendor) when they saw our name on the vendor's invoice...

Expert:  Law Educator, Esq. replied 4 years ago.
Yes, but it makes the case harder to win because you have to prove that you are borrowed employees or some other type of relationship. At the least you have the breach of contract claim for breaching the settlement agreement, which may be the easier of the claims for you to pursue.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88746
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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