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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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BizIPEsq Last year accused asked me to help him do a trade

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BizIPEsq

Last year accused asked me to help him do a trade show in New Orleans. He suggested that it would be good for me and that I need the exposure, and a break from my regular routine would be good. I told him that I can not afford to take any time off and financially it is impossible.
He insisted and offered to accommodate all expenses for the entire trip. He complemented me on how well I know his buisness and said it would be a compliment to him if we can work together on this. My only obligation would be to help with potentional customer. And if the show proved to do well I would be well compensated. After explaining to him again that I can not afford to loose money for that period of time he offered me $1000.00 for the week and that 10% of all the sales at the show would be awarded to me.
I was hesitant for the $1000.00 does not go very far, but 10% of just one sale would make up for it. And I agreed.

It turned out that I had to help load the commercial truck, and drive with a driver all the way there, unload when we get there and reverse the procedure coming back. Now we have another 4 days to all of this. The driver and myself booked into a hotel that was reserved, and come to find out that the owner and his wife stayed in another hotel.

The first day of the show the owners wife thanked me dearly for my efforts and I accepted, elaborating that I hope it would be lucrative for both the company and myself. She was very surprised at my statement and asked me to explain myself.
I told her that the $1000.00 will not really fit the bill, but it was worth the effort to gamble on signing a few good contracts for I can sure use the extra money.

She completely flew of the handle, she lost it right there in public and told me that I can just take my shit and leave for she was not going to give me 10% of her and her husbands hard work. Her husband was not present when this happened and I asked her if I could please have some money to get home and she refused. With all this commotion her husband must have heard her and he came running completely white in the face.
I wanted out, this was not for me. He calmed her down, I kept my distance. When he came over to me, I asked him to get me home right then. While we were talking, having the attention of everybody around us she came over and apologized. She assured me that the compensation that was agreed upon would be in order. As long as I follow up and took care of the customers.

My original verbal agreement at this stage was not even relevant. Accused and myself went for a walk. He pleaded that I must please be rational and help for I was already there and that he would honor his agreement.

We returned to Stuart and when I eventually settled back in I asked for my $1000.00 and he said that he would include it in my first commission check.
There was never any commission or $1000.00 given to me

This must also be SMALL CLAIM please
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Thank you for requesting me.

BizIPEsq. :

Let me review this question

Customer:

FYI The case in WA is based on the fact that I was a EMPLOYEE. She won few cases on the same merit and FWRD me a case in FL that did the same. Mc Laughlin v Stineco No.86-573-CIV-ORL-19. Did not have opportunity to present in court. They refer to me as contractor. (we will adress this in another Q

Customer:

Plaintiff granted extra time 27/7/13. Response "that would be fine, have good trip" I asked in legal format - Response "The extension you request below is hereby granted"

Expert:  Irwin Law replied 1 year ago.

Hello. Another expert here. Your case doesn't hinge on whether you were an employee or an independent contractor. You have a claim for breach of contract and it doesn't matter which one you are. You have at least $1,000 coming and more, if the show resulted in sales. It is best to have this kind of agreement in writing, but your verbal testimony, and if they admit you did go to NO with them and help at the show should win your case.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 1 year ago.

Irwin Law


Thank you for your response.


BizIPEsq is helping me, this case tie in with several other cases and I want to make sure that all bases are covered.


Your effort is admirable thank you.

Expert:  Irwin Law replied 1 year ago.
Not a problem. I have opted out. Please continue on with BizIPEsq. No Reply to this is needed.
Expert:  BizIPEsq. replied 1 year ago.
(FYI I was away without good access to the internet that's why I could not respond earlier)

First let me start by saying that with the various issues please keep them separate. For example, it is important that when you go to court that you only bring up this issue and not some of the issues that are pending or else it might confused the judge and possibly harm your credibility.

Generally speaking, oral agreements are valid provided you can prove their existence. You have two challenges in this case:
The first is to prove that he owes you the $1,000 and the second to prove the 10%. First, if the truck driver knows about your arrangement then you can subpoena him as a witness. Even if he heard it from you, the fact that he heard it from you at the time it was taking place may substantiate your claim for the $1000. It will probably be pointless to call the wife as a witness but you may consider that. At the very leat you can use the cause of actions mentioned in the past of "quantum meruit" and "unjust enrcichment" where the cort will not necessrily decide on the $1000 but instead would decide on the fair amount of compensation for the work you already performed (which may be more than $1000)

As further evidence, bring pictures with you that you may have taken during the trip or a reciept from the hotel.

The more dificult claims would be for the 10% profit share. This is going to be a difficult one to prove. To the extent possible bring witnesses or if the past he has offered you similar arrangements then bring those as an example. You may even call the wife as a witness and not ask her directly but instead something like "were you upset when you heard that your husband promised to share 10% with NAME?" and "do you think that it is fair that NAME would get 10% from yours and your husband's hard work?"

Basically through clever questions, you can try and establish the promise of the 10%. Realitically this may be the best strategy.

Thank you again for allowing me to assist you.
Customer: replied 1 year ago.

This is a wrap. I posted a Q, I have been waiting for you.... Please let me know how to proceed. I'll keep this open for your response then close it up. Thank you again.


 

Expert:  BizIPEsq. replied 1 year ago.
sure thing. As noted you should consider going to small claims court (I am nyt permitted to tell you what you should or shouldn't do). as noted you should consider pursuing both claims. you Will likely have an easier time proving the 1000 than the 10%.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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