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I have a delivery company and deliver medications for a

Customer Question
local pharmacy. My employer is...
i have a delivery company and deliver medications for a local pharmacy. My employer is alleging that I overcharged him for some deliveries over the course of several months. is it legal for him to breach our contract by getting rid of me and going with another delivery company ?
Submitted: 1 year ago.Category: Legal
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8/14/2016
Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,723
Experience: Experienced Licensed Attorney
Verified

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Do you have a written contract with the local pharmacy that states that this pharmacy will be using your deliver company for a set period of time?

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Customer reply replied 1 year ago
the contract was drafted for ten years and right now there is seven years left in the contract. there is also an exclusivity clause in the contract. i was charging ten dollars per delivery and now i believe the company i was replaced with is charging them eight dollars per delivery. Every month i would turn in my invoices he would approve of them and sign them off for pasyment until one day he told me he wasnt aware that i was charging twice for runs to patients that werent home and i had to return a few hours later during the day. that wasnt specified in the contract, but the first month i turned in the invoices with the extra charges and he approved of it, I assumed he was ok with it, so i kept charging him the extra trips.
Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Thank you for your follow up.

Did the initial contract address the repeat attempts for delivery charges?

How long were these charged approved, until the pharmacy owner contested the charges?

Did the pharmacy owner provide any written notice related to the early termination of the contract?

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Customer reply replied 1 year ago
nothing was addressed in the contract as far as charging extra for repeat attempts, although for approximately for five years i did make several attempts on the same day to the same patient without charging them extra. As time passed i figured i was wasting time and money going back and forth for the same fee.I decided I would only charge extra if the patient called two hours or more after the first attempt. Approximately 6 to 8 months passed before the pharmacy manager contested the charges. They never provided anything in writting before terminating me. What they did was that my last month working forr them, they were splitting the deliveries between me and the other delivery company. i believe they were testing the other company to see if they were going to be able to provide the same kind of service i was delivering.
Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Thank you for your follow up.

Why did you change your billing practice for repeat attempts, without any written or other notice to the pharmacy?

What damages did you suffer as the result of the pharmacy terminating the contract earlier?

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Customer reply replied 1 year ago
I thought it would be brought to my attention immediately if they had a problem with my billing and if they did i thought that would be the time for my to discuss my extra charges. my losses are approximately 60 thousand per year times 7 years. Approximately 420 to 450 thousand.
Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Thank you for your follow up.

Are you claiming that you will not be able to be gainfully employed aside from providing deliver service to this pharmacy?

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Customer reply replied 1 year ago
i am claiming that it will be hard for me to land another good contract such as this one. All i want is to be reinstated as their delivery servicefor the remaining of the contract. Based on your experience, do you think i stand a good chance of winning if i of winning if i sue them ?
Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Thank you for your follow up.

I cannot comment on your specific case, but generally, even if there is a billing issue or one party think that the other contracted party is overcharging or engaging in excessive / unauthorized billing practices, the party that is claiming such billing issue cannot unilaterally terminate the contract without first addressing the issue with the deliver company and attempting to find a resolution.

So, generally, the first step would be to consult with an experienced local business law attorney who can review the contract and all related facts and can start by sending a letter to the pharmacy to cure the breach of contract and also to put the pharmacy on notice that if the issue is not resolved, that a legal action, such as lawsuit based on the breach of contract would be filed.

If the pharmacy refuses to negotiate a resolution, then your local attorney can determine if it would be feasible to file a lawsuit, since litigation can be lengthy and costs many thousands of dollars in legal fees and court costs and if it is feasible than your local attorney will be able to file a lawsuit on your behalf, to seek any actual damages that resulted from the breach of contract.

You can find an experienced and skilled local business law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to business law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.
I wish you the best of luck!

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Alex J. Esq.
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