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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36982
Experience:  I provide employment and discrimination law advice in my own practice.
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Hello Dimitry,

Resolved Question:

Hello Dimitry,

Can you send me some jusrisprudence related to caseses similar to mine?
Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post, and thank you kindly for requesting me to assist you further.

Please allow me just a little bit of time to see if I can find case law for you--I do not have much acces to PR cases but if I find something, I will forward it to you--hold on please!
Customer: replied 1 year ago.

Thanks.


 


Previously I informed you that there was a brach of contract in two areas:


 


1. My contract establish the use of a company car. They eliminate it unilaterally. The contract was not reviewed as if it does not exist. Can they do that? May it be considered a breach of contract?


They say it is not needed in my job. At the contract time it was not a


arequirement.


 


 


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

When was this eliminated? Generally that is not a breach of contract if the benefit was not related to employment. For example giving you a company car for personal use is a perk that the company can take away. Giving you a car for company use that you need to utilize by driving to specific appointments and locations is a tool of the company, and can be taken away if you are no longer able to make those trips. A car remains under the name and title of the company, so they can take it back if it was not a requirement.

Good luck.

Customer: replied 1 year ago.

The car was included in the contract as part of the compensation.


Being a clause (condition) to accept the job at that time change yoy previous answer or does not matter?

Expert:  Dimitry K., Esq. replied 1 year ago.

XXXXXXX,

That depends. How exactly was this clause structured? Was the vehicle still under tile for the company? Was the vehicle's use limited or otherwise set by the contract, or was it unlimited use?

Customer: replied 1 year ago.


The contract just stated that the compensation include the use of a company car (it was not restricted to just official use or time, thus it was unlimited use, even when I used for official duties mainly because I have my own car.


 


The car was under leases contracts, and every three years the company started a new lease contract.


 


In August 2011 I had to return the car because of the end of the lease and my Boss ordered not to renew a new contract .


 


 


 


 

Expert:  Dimitry K., Esq. replied 1 year ago.

XXXXXXX,

That condition was not essential to employment. I truly do not see the company taking away your company car as a violation. Such a benefit would generally be provided at the company's discretion, it would not be a situation where such a condition would be mandatory or essential to your employment. Consequently I do not really see it as a viable issue.

Good luck.

Customer: replied 1 year ago.


I still do not understand. Even when it is a clause in a contract, the other part may eliminate it without negotiating a new contract? It means they may eliminate any clause in the contract?


 


(eliminate the name in all correspondence, please.)

Expert:  Dimitry K., Esq. replied 1 year ago.

XXXXXXX,

I have asked for all names to be removed. In terms of changing the contract, either side can push for a modification. If the other side does not contest, the modification is deemed binding. In your case you are stating that in 2011 the company changed their position and requested that you do not renew the lease. You cannot, in 2013, claim that this was a violation because you accepted the change by continuing to work for the employer, not sending the employer demands to adhere to terms, or still renting a vehicle and demanding that the employer cover it. That is how the contract can be modified and changed.

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36982
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Hello,


 


I expressed my disagreement verbally, and in writing, making reference to my active contract, immediately in 2011 year.


 


They ignored my complaint but did not renegotiate the contract in file, and did not ask me to sign a new contract. Thus the contract in file is my active contract?


 


I had continued working, because I need to work, and I established a formal claim in the court, immediately in 2011 year, which is in process. Remember that the contract included the clause of the use of the company car as part of the condition to accept the job.


 


If they may remove this contract's clause, it means they may remove any other clause in my contract and that it is invalid? The contract also include other clause which they had never honored, but which I did not noticed until I reviewed the contract because of the car's removal. I continue being part of the company, but in a very difficult situation. Are you telling that because I did not challenged the clause not being followed, I lost any right to ask for its compliance?


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, XXXXXXX.

Thank you for your follow-up. My apologies on the delay, I was offline for part of the weekend. Please allow me to assist you this afternoon. I was not in any way avoiding my response, I was just not online. Please allow me to respond directly.


You posted:

I expressed my disagreement verbally, and in writing, making reference to my active contract, immediately in 2011 year.

That is a good point, and may permit you to keep that claim alive.

 

 

They ignored my complaint but did not renegotiate the contract in file, and did not ask me to sign a new contract. Thus the contract in file is my active contract?

Arguably yes, the contract is still valid. But the issue is whether or not you likewise continued to work, which can be argued could be seen as a modification of terms, but also how substantial, significant, or relevant that breach on their part was to your employment.

 

 

 

I had continued working, because I need to work, and I established a formal claim in the court, immediately in 2011 year, which is in process. Remember that the contract included the clause of the use of the company car as part of the condition to accept the job.

Ahh, I see, so you would then be arguing that this was be reliance on their promises to your detriment--that makes sense and does strengthen your suit.

 

 

 

If they may remove this contract's clause, it means they may remove any other clause in my contract and that it is invalid?

That depends on how the contract is written. If it has what is known as a 'severability' clause which essentially means that if one part of the contract is invalid, the other parts survive, then the contract likewise survives a partial breach. But if no such language was put in, the claim that the whole argument was broken is very strong and valid.

 

The contract also include other clause which they had never honored, but which I did not noticed until I reviewed the contract because of the car's removal. I continue being part of the company, but in a very difficult situation. Are you telling that because I did not challenged the clause not being followed, I lost any right to ask for its compliance?

That would surely be their argument, and it has validity. Contracts pertaining to breach, if they remain n force and remain being followed for other reasons can be considered to have 'waived' that initial violation, if there is one.

 

Good luck.

 

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 36982
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


Hello,


 


I had rated Excellent service to your service, because certainly I know you had dedicated time to answer my questions, but I am still confused in the legality of a contract and the responsibility in both parts to honor the clauses.


 


Since I am still working in the same company in which I made the contract, and I had already complaint to my company and to the Court , and request that all clauses in my actual contract be honored, may I understand that I had protected my rights with the contract and may expect favorable feed-back from the Court? (The company says that because I accepted not receiving the salary increase promised, I changed the terms of the contract.)


 


One of the clauses is salary increase related, and in Puerto Rico the employee has 3 years to claim for salary. Is there any jurisprudence that can help me to defend the clauses of contract which are not being honored, mainly in the salary?


 


Thanks.


 

Expert:  Dimitry K., Esq. replied 1 year ago.

XXXXXXX,

Thank you for your follow-up. I am very sorry that I have not been able to explain in full and you still retain confusion. Please allow me tot try to break this down and provide you with an additional response.


You posted:

 

Since I am still working in the same company in which I made the contract, and I had already complaint to my company and to the Court , and request that all clauses in my actual contract be honored, may I understand that I had protected my rights with the contract and may expect favorable feed-back from the Court?

Yes, correct, if you contested the changes, then you kept the right to contest alive, so to speak, and it permits you to contest the full agreement.

 

(The company says that because I accepted not receiving the salary increase promised, I changed the terms of the contract.)

This comes back down to waiver that I discussed before. Any change to the agreement that was not contested and not pursued could be considered as a potential 'waiver' of the terms which would then waive that portion of the agreement (if the agreement had a severability clause), or all of the agreement if no such clause exists.

 

 

 

One of the clauses is salary increase related, and in Puerto Rico the employee has 3 years to claim for salary. Is there any jurisprudence that can help me to defend the clauses of contract which are not being honored, mainly in the salary?

Do you have any communication back and forth with the employer about demands for salary?

Customer: replied 1 year ago.


Yes, I had maintained the request. It was included in my EEOC complaint and in the Court. The Company had not expressed too much against the salary clause.


 


They had concentrated in the defense of the discrimination clause, in which I think I have good evidence in favor if my case.


 


I need jurisprudence in Puerto Rico, or in United States, that demonstrate that still there is an obligation in a contract which is active to honor all the clauses, in this case of salary. Again, remember that in Puerto Rico the employee has 3 years, after being lay off, to establish a claim for salary not paid.


 


Regards.

Expert:  Dimitry K., Esq. replied 1 year ago.

XXXXXXX,

I will try to find such case law for you. Please allow me until this afternoon to see what I can obtain. If I am not able to find anything on-point, I will then ask other professionals to get involved and see if they could provide you with case law that may assist you (if they end up finding it for you).

Customer: replied 1 year ago.


Do you need additional information from me?

Expert:  Dimitry K., Esq. replied 1 year ago.

I am so very sorry for the delay, and I was unable to find any direct information on-point. Consequently I will opt out and open this question to other professionals. Hold on please.

Customer: replied 1 year ago.


Thanks. XXXXX receive information soon.


 

Customer: replied 11 months ago.


Still the names appear. Please eliminate them.

Customer: replied 11 months ago.


Hello,


 


Sorry to bother you again. Were you able to delegate my question to other professional?


 


 


 


I need jurisprudence in Puerto Rico, or in United States, that demonstrate that still there is an obligation in a contract which is active to honor all the clauses, in this case of salary. Again, remember that in Puerto Rico the employee has 3 years, after being lay off, to establish a claim for salary not paid.


 


Note: The contract was signed more than 20 years ago...


Please help.


 

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