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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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I have a small website forum that I am operating under an LLC

Customer Question

I have a small website forum that I am operating under an LLC (called planet5D forum LLC) - i originally purchased the content of the website from another site under a contract that is pretty generic with some special clauses we agreed to.

One of the clauses was this:
PLANET5D FORUM LLC agrees to retain Clayton Burkhart (Chief Moderator) for a period of one year from February 25, 2013

I have been paying this person 500 Euros each month as he was being paid by the previous owner of the site. However, income is not coming in like I would like and I have told this individual that starting in a month I would only be able to pay 1/2 what he was getting before.

The way I read the contract, technically I do not have to pay him anything since no amounts were included - but I do have to have him listed as Chief Moderator until the end of the year (from Feb 25, 2013).

He is arguing with me that I have to pay him 500 Euros monthly.

Who is right? The question is what does "retain" mean I guess... does that mean pay? and does that mean I have to pay what he was getting before the contract began?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

The contract does not indicate how many hours the individual would work or at what rate he would be paid? Is there a separate contract setting out those terms?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Hi Tina!


 


There is nothing in the contract about this individual other than the statement I gave you before.


 


He had a verbal agreement with the previous site owner about amounts and Clayton (the individual in question) and I have had one phone conversation before the contract was even signed. I recall telling him I would agree to the contract to retain him for the year, but I do not recall specifying an amount - tho I do recall asking him the amount he was getting before. He also during that phone call asked me to give him 30 days notice of changes or if things weren't working out I could terminate him with 30 day notice (but the contract I think would still say I need to retain him - which is where it gets messy).


 


He has told me that he works 30 hours per month for the amount of 500 Euros.

Expert:  Tina replied 1 year ago.
Hello again, Mitch.

Yes, you cannot modify a written agreement by a verbal agreement typically, so the 30 days notice agreement would not normally be enforceable.

However, since the agreement does not set out any terms on which you must retain the individual, you could modify the terms, paying him a lower rate or working him fewer hours so you do not have to pay him as much.

There does not appear to be any reason why you cannot do that based on the information you have provided, although as you indicate, you must continue to retain him for the one year period.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 32243
Experience: JD, BBA Over 25 years legal and business experience.
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Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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