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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I have received Citation Arm from Baton Rouge in LA and need

Customer Question

I have received Citation Long Arm from Baton Rouge in LA and need lawyer to answer for me to the Baton Rouge. Can yu do that?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Samuel II replied 2 years ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
What is the citation for?
What information can I provide in this regard, please?
Customer: replied 2 years ago.
For not re-paying sign-on bonus and temporary living expenses for the company that I worked for in Baton Rouge, LA for only 3 months and I left them. They are saying that I own them back the sign-on bonus and the cost of temporary living. I am disputing if the offer letter (not signed) is a real and enforceable contract that requires me to pay back the money. Also, I am disputing if letter to repay expenses of temporary living is also valid and enforceable contract because this letter was only signed by me and I never received the letter with the company person signature on it, and therefore do we really have the completely executed contract? Can you help to write for me an answer to the Citation and send that to Baton Rouge court? I could email you the Citation if you need more details.
Expert:  Samuel II replied 2 years ago.

Hello

Thank you.

I suggest the agreement is enforceable. The statute of frauds requires a writing to evidence the contract which must be in writing. However, this does not necessarily have to be a formal contract signed by both parties. It can be a letter signed by only one party.

The writing, however, whether it be a letter or memorandum, must be signed by the person “to be charged.” In this situation that is you. And what it means is it must be signed by the person against whom the company will be seeking to enforce the contract.

Therefore, unfortunately, I do not see where you have a basis for being successful in arguing this based on what you have presented here.

Customer: replied 2 years ago.
I did not sign the offer letter, could I use that as argument against it?
Cold you at least write my response to the court, for fee of course?
I would like to be able to negotiate something, maybe re-pay only half?
Expert:  Samuel II replied 2 years ago.

Hello

An offer letter does not have to be signed by either party, unfortunately. The fact that you took the job and worked there regardless of how long is evidence enough that you accepted the offer for work. The letter you did sign for reimbursement based on the conditions they set forth is enforceable as I stated.

I suggest, your best route is to contact the company and try to negotiate with them directly on the amount owed. And if they agree, get it in writing and once you have made that payment, make sure they file a Dismissal of the lawsuit.

I wish it was better news for you in this regard.

If you want, I can opt out and another professional here can evaluate this situation for you and perhaps they will see it differently and more favorable to you.

Customer: replied 2 years ago.
To buy more time I need to answer to the Citation first, how could you help with that?
If you could run by somebody else, even if there is a slim chance to give me something for negations.
If I were to lose and get judgment, how would they be able to collect any monies from me?
Expert:  Samuel II replied 2 years ago.

Hello

Thank you. I am not going to be able to provide you with an ANSWER to the Complaint so you can "buy more time" That would be a waste of your time, my time and the court's time. IF you feel that you need more time you can file a Motion for Extended Time To Answer. I will opt out and allow another professional to assist you then.

PLEASE DO NOT RATE my answers and your deposit Will Remain in Tact. Thanks for your patience and another professional will be with you shortly. Good luck

Customer: replied 2 years ago.
ok