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Employment law in Florida. I had an agreement with my

Employment law in Florida.I had...
Employment law in Florida.I had an agreement with my employer to get paid for the mileage expenses.
Employer says that the request is for 2016 and refuse to pay now that I don’t work there anymore.
What are my options to collect ?
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Answered in 1 minute by:
11/17/2017
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. Was this agreement with your employer in writing?

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Customer reply replied 8 months ago
however this agreement was made on the company that they closed on 03/17 and changed the name by opening a new company.
Customer reply replied 8 months ago
See page 1 and 2
Customer reply replied 8 months ago
Page 2

But you were paid for 2016, correct?

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Customer reply replied 8 months ago
They owed 2016 since January they paid December only
Customer reply replied 8 months ago
Saying that is too old
Customer reply replied 8 months ago
January to November 2016 included still owed .

And how much total would that be that is owed? And they said what is "too old"?

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Customer reply replied 8 months ago
Because is a year old !
Total is around $10k

And this company continued operations, just with a new name? That is, not much else changed?

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Customer reply replied 8 months ago
That’s it closed the corporation and open a new one with a new name but same place same operation sane business

And same equipment, etc...? The new one essentially purchased / merged / etc... with the old one?

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Customer reply replied 8 months ago
All the same
Customer reply replied 8 months ago
No just closed and open a new one

Thank you. That means that they're almost certainly the successors in interest for the contract (the first paragraph on the second page says as much). And the contract that I read doesn't have any restrictions as to when expenses need to be submitted, or when they will be paid or what year they'll be subject to. Now they can change the policies at any time and say that they're no longer reimbursing your mileage, but they have to give you prior notice to that. As it stands now, you do have a case against them.

Send a demand letter demanding payment within 30 days, otherwise you will pursue legal action against him, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made a demand for the unreimbursed amount.

If they still don't pay, you need to contact an attorney in your area that deals with breach of contract cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Again, there's nothing in this agreement that says that it only applies to 2016, or that there's a time limit in which to file and that after it would be "too old", or that it doesn't apply to the new company, etc... I think they're just trying to get out of paying. They have a contractual obligation to pay, or at bare minimum an obligation under the legal doctrine known as "promissory estoppel" (they promised something, you relied upon that promise and incurred expenses, and they broke the promise, so you can get your reliance interest back).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 8 months ago
Old : Irinox usa
New: Irinox North America llc
Customer reply replied 8 months ago
Thanks so much

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
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Customer reply replied 8 months ago
Thanks again

You're welcome, and again, good luck to you!

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Customer reply replied 8 months ago
I do have another question though!While I was travelling on the field for this company, they never paid the week end hours or gave me a replacement for this. They said that in my contract I shouldn’t get paid for week end travel .

In that regard I would actually agree with them. That is, this is a salary agreement, not hourly. It says that you're going to get paid a certain amount a year, paid biweekly, rather than a certain amount per hour. And I assume it's exempt (meaning exempt from the overtime provisions of the Fair Labor Standards Act (FLSA)). In such a situation they can have you work any amount of time they want (subject to any contract that otherwise limits that amount of time to a specific period). So if you're paid on an exempt salary basis, you don't have any right to additional payment if you work 80 hours instead of 40, or 7 days instead of 5, etc...

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Customer reply replied 8 months ago
Ok that make sense.
Customer reply replied 8 months ago
Now for my very last question I i signed a vague non compte agreement under the first company when I got hired .
Now they wanted me to sign a new one much more detailed on the new company, in exchange for some compensation.
I refused since I intend to compete with them now.
Can they still be able to enforce the old agreement ?
Customer reply replied 8 months ago
Non competitive on the old corporation

Possibly. That is, as they "inherit" rights and responsibilities from the first company, the same reason you can enforce the contract against them they can enforce it against you. But noncompetes are generally disfavored, and only enforced in rare situations.

Non-compete litigation is very expensive, and companies make decisions to pursue these cases based on economic factors. It's unlikely that this clause would actually stand, particularly if you were not a high level executive. It would be most likely determined to be a restraint in trade. And in that regard, even if they were to be successful, they would be out $15,000 or more on litigation costs.

Again, they're going to make this determination based upon economics. If you were a high level executive and it was reasonable that you leaving and working for someone else would have a direct impact on the bot***** *****ne, greater than the costs of litigation times and taking into account the risk of loss, then it might be feasible that they would go after you. But given your position, and the likelihood that a court would reform the agreement (and thus remove any fees that would have to be paid, etc...) it's unlikely that the company will actually try to enforce it.

Most of the time these agreements are signed with the bluff in mind. That is, the company doesn't expect to enforce it, but can tell the employee that you can't compete while waving the form in the air. I've really only seen high level executives sued for enforcement, because of the potential impact to the bot***** *****ne. Of course your employer could be more vindictive than most, and sue when it really doesn't make any economic sense to do so. But that's almost never the case.

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Customer reply replied 8 months ago
It make good sense, however in that very situation I want to become a real competitor against them, and start to import in the US within the following next 6-8 months similar equipment with much better pricing and more performing. I’m in the process to get the seed money and funding.
That’s my project ....

Understood. Now if they say that the contract has expired, you can use that against them. That is, if they're breaching the contract, you don't have further obligation to continue. So if they breach first, the contract is done.

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Customer reply replied 8 months ago
Very good !
Customer reply replied 8 months ago
Will keep in touch!very best !

Thank you.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

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Customer reply replied 8 months ago
I will Tks again

You're welcome, and again, good luck to you!

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