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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 24463
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I entered into a contractual agreement with an employer

Customer Question

Goodmorning;
I entered into a contractual agreement with an employer while we were both in the state of Texas. The contract was essentially that the employer would pay for my salary for 1 year with the new venture if it failed or succeeded. He also entered into an agreement with a lease on a house. (for 24 mos)... The employer is now wanting to hire someone else for the position and doesn't want to keep his promises. The house with the lease is in Indiana. Do I get an attorney in Texas or Indiana? Isn't this a breach of contract as I have the lease and the emails and letters that state he would do this? Now I am out of a job and soon with no benefits because this man didn't do what he said. Please advise
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. While the contract was entered into in Texas, was the job in Indiana? Also, you signed a lease in Indiana as well? Just trying to get a better idea of where this was all supposed to take place, had it gone as planned? Also, is the employer located in Indiana?

Customer: replied 1 year ago.
the job was a joint venture with the dialysis side being in Texas and merging with a hospital in Indiana so essentially yes the job was in Indiana. Yes the lease was in Indiana. No it has not gone as planned, the owner has some unsafe practices that I was not aware of. When I brought them to his attention, he got upset and began to say that I misappropriated funds in October (although i had never been informed) He offered me a letter to say that we can both "part ways" and no one owes anyone. I had been conversing daily and emailing and there were no signs of an issue
Customer: replied 1 year ago.
would you like to see the lease and letter that i have
Expert:  LegalKnowledge replied 1 year ago.

Thank you. Allow me a moment to respond.

Customer: replied 1 year ago.
would you rather me call you?
Expert:  LegalKnowledge replied 1 year ago.

In order to really prevent the defendant from challenging venue and jurisdiction, you can just file in Indiana and use an Indiana attorney. The reason why I say this is because the employer/company does business there, that is where the job was essentially supposed to take place and the lease is also at issue there. Venue refers to the county in which a lawsuit is brought. One cannot file suit just anywhere. Venue is proper in a particular county if (1) all or a substantial part of the events or omissions giving rise to the claim occurred in that county; or (2) the defendant resides in that county or, if a corporation, does business there; or (3) the real property the subject of the suit lies in that county. If suit is filed in the wrong county, the opposing party will likely make a special appearance in order to ask for a change of venue. As such, you want to retain an attorney in the state of Indiana. Now, you can make the argument and then they may try and move the case, that it can be litigated in Texas, where you live, since that is where the contract was entered into, if you desire. If you live in Texas, this would make the litigation process much easier but they may want to try and challenge it. As such, you would need a Texas attorney then and if you wanted to try this avenue first, should consult with one today, so they can evaluate 1) the merits of the case and 2) see if there is enough contact with the State, to bring the defendant there. If the company also does business within the state, it would only make your argument stronger.

Expert:  LegalKnowledge replied 1 year ago.

If you would rather talk, you can request a phone call but there is an additional fee, so it is up to you. If not, we can chat on this page.

Customer: replied 1 year ago.
Well the business is there that i was working for, and the home is there too. My question is if he signed the lease and promised to pay it with his own documentation is that a valid case ?? Regardless of the fact if i am not working any longer . His letter to the landlord states he will pay rent every month and will remit in 10 days....
Expert:  LegalKnowledge replied 1 year ago.

I am not sure I understand your follow up question. Can you please clarify it for me? What is your concern about the lease? You said that he signed it and it was a condition to the contract, so if the landlord coming after you or do you want to still live there? Also, did you relocate and/or incur any damages in reliance on this contract?

Customer: replied 1 year ago.
He signed the lease, along with me. We are both on it. He is saying he is not going to pay after february and i have relocated to Indiana after his many promises and guarantees. I want to continue to live i the house. Can I attach the letter?
Customer: replied 1 year ago.
I have attached the employment letter and I am attaching the lease with this message
Expert:  LegalKnowledge replied 1 year ago.

Thank you. This would be something you can sue him for. As you shared, you relied on the contract and agreement that was entered into and what was promised/contained within. If you signed the lease, along with him and he was supposed to pay for it but now is not, then he could be liable and have to pay for the lease term, if you prevail and show he breached the contract. You said you relocated and relied on this and were ready, willing and able to perform under the employment contract, so unless he has a legal basis to back out, he could be liable.

Customer: replied 1 year ago.
did you see the letter of employment? It does not state that if he will only pay the rent if i am employed. He agreed to pay for the duration. He is claiming i misappropriated funds from October 2015 but never said anything until we had a disagreement regarding his reckless behavior. That week he offered me to "walk away" I did not do anything of this nature. He would not allow me to even disprove his theory. The business isn't growing as he thought so he is trying to cut corners. Do I have a case ??
Customer: replied 1 year ago.
are you still thee?
Expert:  LegalKnowledge replied 1 year ago.

That is a defense which he would need to raise, if you sue him. If he is trying to cut corners and use this to back out, then you can sue him and may have a case, unless he could show and present a valid reason for your termination, which it appears he is trying to do BUT will need evidence to support it. The actual lease agreement is between you both and the landlord, so the landlord is entitled to their money. The question is then if HE will have to pay you, if the lease was a condition to the employment and a result of your reliance on the contract and relocating

Customer: replied 1 year ago.
Well he did not "terminate" me officially. He is just trying to cover himself. Regardless of termination or not, the letter says nothing about paying the lease as long as i am employed. Does that make sense?? I relocated and everything and no issues have ever been brought up until i challenged his theory. I just want to stay in my house, and receive my salary as he promised i would for a year.
Expert:  LegalKnowledge replied 1 year ago.

Yes, it does make sense but you would need to show and argue in your lawsuit that in reliance on the contract, you relocated and now that he will not longer employ and pay you and the rent, that you have to move and can not stay. You want to show the reason for the rental was employment and his guarantee to your salary, in the event that it did not work out. Then, you could try and getting damages for the lease, which he guaranteed as well, as a co-signor, to show this was part of the contract.

Expert:  LegalKnowledge replied 1 year ago.

Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.

Customer: replied 1 year ago.
Great Thank You so much!!
Expert:  LegalKnowledge replied 1 year ago.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.

Expert:  LegalKnowledge replied 1 year ago.

Hi, are you still with me?

Customer: replied 1 year ago.
I'm sorry I thought you signed off ... I will be speaking at firm today..
Expert:  LegalKnowledge replied 1 year ago.

You are welcome. I just kindly ask that you rate my help at this time at the top, so the site provides me with credit. You can always return and ask any follow up questions as needed. Thank you again