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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 37028
Experience:  30 years in Employment law
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I am an independant contractor practicing law at a law firm.

Customer Question

I am an independant contractor practicing law at a law firm. We have an oral agreement what are my rights if i do not get paid timely? What if firm files for bankruptcy ?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ray replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 1 month ago.

Here you can sue on an oral contract here in California.If the firm files bankruptcy then you are a creditor.You will likely get pennies on the dollars at best as a creditor if they bankrupt.I would consider cutting your losses here if you have not done so and seek other work elsewhere as a contractor or employee.

Expert:  Ray replied 1 month ago.

1619. A contract is either express or implied.1620. An express contract is one, the terms of which are stated inwords.1621. An implied contract is one, the existence and terms of whichare manifested by conduct.1622. All contracts may be oral, except such as are speciallyrequired by statute to be in writing.1623. Where a contract, which is required by law to be in writing,is prevented from being put into writing by the fraud of a partythereto, any other party who is by such fraud led to believe that itis in writing, and acts upon such belief to his prejudice, mayenforce it against the fraudulent party.1624. (a) The following contracts are invalid, unless they, or somenote or memorandum thereof, are in writing and subscribed by theparty to be charged or by the party's agent: (1) An agreement that by its terms is not to be performed within ayear from the making thereof. (2) A special promise to answer for the debt, default, ormiscarriage of another, except in the cases provided for in Section2794. (3) An agreement for the leasing for a longer period than oneyear, or for the sale of real property, or of an interest therein;such an agreement, if made by an agent of the party sought to becharged, is invalid, unless the authority of the agent is in writing,subscribed by the party sought to be charged. (4) An agreement authorizing or employing an agent, broker, or anyother person to purchase or sell real estate, or to lease realestate for a longer period than one year, or to procure, introduce,or find a purchaser or seller of real estate or a lessee or lessor ofreal estate where the lease is for a longer period than one year,for compensation or a commission. (5) An agreement that by its terms is not to be performed duringthe lifetime of the promisor. (6) An agreement by a purchaser of real property to pay anindebtedness secured by a mortgage or deed of trust upon the propertypurchased, unless assumption of the indebtedness by the purchaser isspecifically provided for in the conveyance of the property. (7) A contract, promise, undertaking, or commitment to loan moneyor to grant or extend credit, in an amount greater than one hundredthousand dollars ($100,000), not primarily for personal, family, orhousehold purposes, made by a person engaged in the business oflending or arranging for the lending of money or extending credit.For purposes of this section, a contract, promise, undertaking, orcommitment to loan money secured solely by residential propertyconsisting of one to four dwelling units shall be deemed to be forpersonal, family, or household purposes. (b) Notwithstanding paragraph (1) of subdivision (a): (1) An agreement or contract that is valid in other respects andis otherwise enforceable is not invalid for lack of a note,memorandum, or other writing and is enforceable by way of action ordefense, provided that the agreement or contract is a qualifiedfinancial contract as defined in paragraph (2) and one of thefollowing apply: (A) There is, as provided in paragraph (3), sufficient evidence toindicate that a contract has been made. (B) The parties thereto by means of a prior or subsequent writtencontract, have agreed to be bound by the terms of the qualifiedfinancial contract from the time they reached agreement (bytelephone, by exchange of electronic messages, or otherwise) on thoseterms. (2) For purposes of this subdivision, a "qualified financialcontract" means an agreement as to which each party thereto is otherthan a natural person and that is any of the following: (A) For the purchase and sale of foreign exchange, foreigncurrency, bullion, coin, or precious metals on a forward, spot,next-day value or other basis. (B) A contract (other than a contract for the purchase of acommodity for future delivery on, or subject to the rules of, acontract market or board of trade) for the purchase, sale, ortransfer of any commodity or any similar good, article, service,right, or interest that is presently or in the future becomes thesubject of a dealing in the forward contract trade, or any product orbyproduct thereof, with a maturity date more than two days after thedate the contract is entered into. (C) For the purchase and sale of currency, or interbank depositsdenominated in United States dollars. (D) For a currency option, currency swap, or cross-currency rateswap. (E) For a commodity swap or a commodity option (other than anoption contract traded on, or subject to the rules of, a contractmarket or board of trade). (F) For a rate swap, basis swap, forward rate transaction, or aninterest rate option. (G) For a security-index swap or option, or a security orsecurities price swap or option. (H) An agreement that involves any other similar transactionrelating to a price or index (including, without limitation, anytransaction or agreement involving any combination of the foregoing,any cap, floor, collar, or similar transaction with respect to arate, commodity price, commodity index, security or securities price,security index, other price index, or loan price). (I) An option with respect to any of the foregoing. (3) There is sufficient evidence that a contract has been made inany of the following circumstances: (A) There is evidence of an electronic communication (including,without limitation, the recording of a telephone call or the tangiblewritten text produced by computer retrieval), admissible in evidenceunder the laws of this state, sufficient to indicate that in thecommunication a contract was made between the parties. (B) A confirmation in writing sufficient to indicate that acontract has been made between the parties and sufficient against thesender is received by the party against whom enforcement is soughtno later than the fifth business day after the contract is made (orany other period of time that the parties may agree in writing) andthe sender does not receive, on or before the third business dayafter receipt (or the other period of time that the parties may agreein writing), written objection to a material term of theconfirmation. For purposes of this subparagraph, a confirmation or anobjection thereto is received at the time there has been an actualreceipt by an individual responsible for the transaction or, ifearlier, at the time there has been constructive receipt, which isthe time actual receipt by that individual would have occurred if thereceiving party, as an organization, had exercised reasonablediligence. For the purposes of this subparagraph, a "business day" isa day on which both parties are open and transacting business of thekind involved in that qualified financial contract that is thesubject of confirmation. (C) The party against whom enforcement is sought admits in itspleading, testimony, or otherwise in court that a contract was made. (D) There is a note, memorandum, or other writing sufficient toindicate that a contract has been made, signed by the party againstwhom enforcement is sought or by its authorized agent or broker. For purposes of this paragraph, evidence of an electroniccommunication indicating the making in that communication of acontract, or a confirmation, admission, note, memorandum, or writingis not insufficient because it omits or incorrectly states one ormore material terms agreed upon, as long as the evidence provides areasonable basis for concluding that a contract was made. (4) For purposes of this subdivision, the tangible written textproduced by telex, telefacsimile, computer retrieval, or otherprocess by which electronic signals are transmitted by telephone orotherwise shall constitute a writing, and any symbol executed oradopted by a party with the present intention to authenticate awriting shall constitute a signing. The confirmation and notice ofobjection referred to in subparagraph (B) of paragraph (3) may becommunicated by means of telex, telefacsimile, computer, or othersimilar process by which electronic signals are transmitted bytelephone or otherwise, provided that a party claiming to havecommunicated in that manner shall, unless the parties have otherwiseagreed in writing, have the burden of establishing actual orconstructive receipt by the other party as set forth in subparagraph(B) of paragraph (3). (c) This section does not apply to leases subject to Division 10(commencing with Section 10101) of the Commercial Code. (d) An electronic message of an ephemeral nature that is notdesigned to be retained or to create a permanent record, including,but not limited to, a text message or instant message formatcommunication, is insufficient under this title to constitute acontract to convey real property, in the absence of a writtenconfirmation that conforms to the requirements of subparagraph (B) ofparagraph (3) of subdivision (b).1624.5. (a) Except in the cases described in subdivision (b), acontract for the sale of personal property is not enforceable by wayof action or defense beyond five thousand dollars ($5,000) in amountor value of remedy unless there is some record, as defined insubdivision (m) of Section 1633.2, but solely to the extent permittedby applicable law, that indicates that a contract for sale has beenmade between the parties at a defined or stated price, reasonablyidentifies the subject matter, and is signed, including by way ofelectronic signature, as defined in subdivision (h) of Section1633.2, but solely to the extent permitted by applicable law, by theparty against whom enforcement is sought or by his or her authorizedagent. (b) Subdivision (a) does not apply to contracts governed by theCommercial Code, including contracts for the sale of goods (Section2201 of the Commercial Code), contracts for the sale of securities(Section 8113 of the Commercial Code), and security agreements(Sections 9201 and 9203 of the Commercial Code). (c) Subdivision (a) does not apply to a qualified financialcontract as that term is defined in paragraph (2) of subdivision (b)of Section 1624 if either of the following exists: (1) There is, as provided in paragraph (3) of subdivision (b) ofSection 1624, sufficient evidence to indicate that a contract hasbeen made. (2) The parties thereto, by means of a prior or subsequent writtencontract, have agreed to be bound by the terms of the qualifiedfinancial contract from the time they reach agreement (by telephone,by exchange of electronic messages, or otherwise) on those terms.

Expert:  Ray replied 1 month ago.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1619-1633

I am so sorry that you had this happen to you.I wish you the best in resolving this.

Expert:  Ray replied 1 month ago.

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