Ask a Lawyer and Get Answers to Your Legal Questions
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?
Thank you. Allow me a moment to respond.
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.
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.
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?
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.
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
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.
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.
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.
Hi, are you still with me?
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