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#1
I want to sue my former boss. I will try to keep it brief because I am just looking for one or two answers, but the context of the story is needed.


I quit my previous job recently. In the contract of this job, it said I was required to submit a 4 weeks notice prior to quitting. A month before I quit, I let my employer know that I was seeking a new job and would let her know ASAP if I got the job. After 2 weeks, I got the job, and would need to quit my previous job in another 2 weeks. I asked about the terms of the contract and she said that she would be willing to let it slide and still pay me for my last week of work.

So I quit. The week I was supposed to get paid, I didn't, and within a few days I started calling to ask when I was going to get paid. I didn't get a response for about a week, then got a huge text from her about how I didn't read the contract and she was not required to pay me. She was clearly trying to go back on her word and steal my money from me.


I am aware that because of the nature of contracts, I was technically screwed. I was going to give up, but then she sent me a text saying that she was going to send my money despite the terms of the contract.


Another 2-3 weeks go by, still no money. So I told her I was going to file a case against her in small claims court. She basically said "go ahead, I have the contract, I will win."


What I want to know is if the text she sent me (bolded above) that she would pay me despite the contract could be legally used to override the terms of the contract. Basically, do I have any chance of getting my money?
Last edited by MeGaDeth2314 at Oct 12, 2016,
#2
so your question is "are text messages legally binding documents"?

and I think you already know the answer to that
It was my privilege
#3
Quote by StewieSwan
so your question is "are text messages legally binding documents"?

and I think you already know the answer to that



well I don't because I've looked it up and can find things that say both yes and no
#4
i always assumed you could use any form of messaging as evidence, like emails

i'd say go ahead and put her BS contract to the test, and you might win
fuk people like that don't live up to their word.
#5
Quote by k.lainad
i always assumed you could use any form of messaging as evidence, like emails

i'd say go ahead and put her BS contract to the test, and you might win
fuk people like that don't live up to their word.



I'm probably going to do it regardless because it's cheap and she has been such a bitch. If I don't win at least I can make her get up at 7 am and go to court.
#6
does bird law apply here?
mugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmug
#7
DISCLAIMER: I'm not a lawyer. Call a lawyer near you that will give you a free consultation.

You've already put in the consideration (unpaid work), and she hasn't. But if it was explicitly expressed in the contract (that you didnt give her enough notice), she might win.

But good faith was taken on your part to give her knowledge that you were fulfilling that to the extent you could (2 weeks). Google substantial performance.

The fact that she texted you after gives you a 'why not' shot. But I think that unpaid work would count as past consideration at that point, so who knows. Call a lawyer, the Pit is not a doctors office law firm.
.
#8
Quote by Fat Lard
the Pit is not a doctors office law firm.



oh shit im on the wrong forum


sorry everyone
#10
rub icy hot on her it

Quote by Pastafarian96
I an evety characyer in this story
#11
apology recieved and pending consideration
Quote by korinaflyingv
On the come up we were listening to Grateful Dead and the music started passing through my bowel and out my arsehole as this violet stream of light. I shat music. It was beautiful.
#12
Yah, you ain't getting the money, and no she didn't "steal" your wage. It's one weeks pay? Just let it go.


"Every day I wonder how many things I am dead wrong about."
#13
I'm not calling her a liar or anything, but I'd go in to the place and demand a copy of the contract. And call a lawyer real quick tomorrow to see what he thinks, and if that's substantial performance. She's probably bluffing that she'll take the time to do it in court and whatnot.

Push it. Push it. Push it.

Quote by seanlang01
Yah, you ain't getting the money, and no she didn't "steal" your wage. It's one weeks pay? Just let it go.


>a leppo
.
#14
Quote by Fat Lard
I'm not calling her a liar or anything, but I'd go in to the place and demand a copy of the contract. And call a lawyer real quick tomorrow to see what he thinks, and if that's substantial performance. She's probably bluffing that she'll take the time to do it in court and whatnot.

Push it. Push it. Push it.


>a leppo
You could be right, but if the contract is legit, it's likely a long-shot. Guess I just wouldn't have put that much value on getting a weeks extra wage. Probably would have just quit and not worked cuz a week off.


"Every day I wonder how many things I am dead wrong about."
#15
This is why you should always get everything in writing when you do verbal agreements like this.
#16
Quote by seanlang01
You could be right, but if the contract is legit, it's likely a long-shot. Guess I just wouldn't have put that much value on getting a weeks extra wage. Probably would have just quit and not worked cuz a week off.


What's a few hours or so to claim a week's worth of what's yours?

The text that she'd pay up is telling IMO. Can't let her cuck you MeGa
.
#17
sounds to me like you did give her a notice as to what was going on even if it wasn't an official "i quit" at the time. who the fuck can realistically give a months notice. when a company hires you, as far as I know, they don't want to wait a month for you to start. I could be wrong (I don't work in that kind of "industry"). it also sounds like she wrote this contract up just for the purpose of screwing around with people. I wonder where and when in her life she decided she needed to be like this.
#18
you should go on judge judy and get yelled at by a judge on tv

or HOT BENCH
i miss the old kanye
#20
Quote by Primus2112
you should go on judge judy and get yelled at by a judge on tv

or HOT BENCH


My mother's a lawyer, and she loves shows like that.

A text message ain't legally binding, bud. You could try and take it to court, but you're probably going to waste plenty of time, and money if you get a lawyer. There's a very slim chance you could win, but even if you did win, the company has the money and resources to appeal it, which they'd win, because if there was language in your contract that says they don't have to pay you, that's going to trump a text message you can't definitively prove was her. (Burden of proof is on the accusatory party, if she denies that the number in question is her number, how do you prove that it's her?)

THE FORUM UPDATE KILLED THE GRADIENT STAR

Baltimore Orioles: 2014 AL Eastern Division Champions, 2016: 78-65
Baltimore Ravens: 2012 World Champions, 2016: 1-0
2016 NFL Pick 'Em: 10-6
Last edited by necrosis1193 at Oct 13, 2016,
#21
If you meant that the contract explicitly states "you must provide 4 weeks notice or we're not obligated to pay you even if you work within the last 4 weeks", that may still violate state labor laws. Better call Saul.

But if that part holds up under the law, you probably won't have much of a chance. And your legal fees will easily consume any possible gains you can get from this if you lose on the text message basis alone.

...modes and scales are still useless.


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#23
Quote by Fat Lard


The problem here is that it's not under dispute whether he did the work. The work was done, that's a fact admitted by both parties. The issue here is that a portion of his contract said that they didn't have to pay him once he gave notice of his resignation, and unless their lawyers are incompetent morons, they'll have written it to include covering their ass if someone argues for substantial performance. The issue here is that in spite of the language of the contract, his previous manager said they would pay him, then reneged on that statement. The question isn't whether he did the job he was asked to do well enough for the purposes of his former employer, that's not relevant to the case. The question is whether his manager's text message is legally binding or not.

THE FORUM UPDATE KILLED THE GRADIENT STAR

Baltimore Orioles: 2014 AL Eastern Division Champions, 2016: 78-65
Baltimore Ravens: 2012 World Champions, 2016: 1-0
2016 NFL Pick 'Em: 10-6
#24
Quote by Xiaoxi
If you meant that the contract explicitly states "you must provide 4 weeks notice or we're not obligated to pay you even if you work within the last 4 weeks", that may still violate state labor laws. Better call Saul.

But if that part holds up under the law, you probably won't have much of a chance. And your legal fees will easily consume any possible gains you can get from this if you lose on the text message basis alone.

Yeah, that sounds sketch AF. Employment that isn't at-will is so weird to me.
#25
Call a lawyer,

The law differs depending on where you are, but a contract does not necessarily have to be in writing. If a representation has been made to you about a thing and they have reneged on it, you may still be eligible for compensation in some form or another.
Yes I am falling
How much longer
Till I hit the ground?
#26
Quote by necrosis1193
The problem here is that it's not under dispute whether he did the work. The work was done, that's a fact admitted by both parties. The issue here is that a portion of his contract said that they didn't have to pay him once he gave notice of his resignation, and unless their lawyers are incompetent morons, they'll have written it to include covering their ass if someone argues for substantial performance. The issue here is that in spite of the language of the contract, his previous manager said they would pay him, then reneged on that statement. The question isn't whether he did the job he was asked to do well enough for the purposes of his former employer, that's not relevant to the case. The question is whether his manager's text message is legally binding or not.


Statute of Frauds, text: https://en.m.wikipedia.org/wiki/Statute_of_frauds


What kind of lawyer is your mom? Can you get her input? I would hate to see unclaimed shit be just forgotten about...
.
#27
Quote by necrosis1193
My mother's a lawyer, and she loves shows like that.


I don't understand hot bench, I can't watch it for long

I don't know a lot about courtrooms but I imagine there aren't a lot of trials of that...magnitude with more than one judge presiding
i miss the old kanye
Last edited by Primus2112 at Oct 13, 2016,
#28
Also, it might depend on statutory, but I think small claims courts don't deal with lawyers. Dont make threads again if you're going to bitch out, MeGaDeTh2314.
.
#29
Quote by Fat Lard
Also, it might depend on statutory, but I think small claims courts don't deal with lawyers. Dont make threads again if you're going to bitch out, MeGaDeTh2314.

Fat Lard layin down the LAW

geddit geddit geddit geddit geddit
#30
Quote by Fat Lard


And as I said in my first post, how do you prove that she's the one who sent the text messages? If he says "This is my former manager saying that they'd pay me" and his former manager says "This isn't me, and that's not my phone number" then what? If all that OP has - and he hasn't said anything to indicate otherwise - is the text messages as proof, then it'd devolve into an issue of his word against hers. His word isn't worth more than hers in the eyes of the law, and vice versa, so for all intents and purposes it would cancel each other out. You need something more substantial than just the contact your phone has listed on a text message if you expect to get anywhere in a court case.

What kind of lawyer is your mom? Can you get her input? I would hate to see unclaimed shit be just forgotten about...


The kind that probably wouldn't be keen on being woken up at 3 AM to answer the legal questions of someone on an internet forum's off-topic section.

THE FORUM UPDATE KILLED THE GRADIENT STAR

Baltimore Orioles: 2014 AL Eastern Division Champions, 2016: 78-65
Baltimore Ravens: 2012 World Champions, 2016: 1-0
2016 NFL Pick 'Em: 10-6
Last edited by necrosis1193 at Oct 13, 2016,
#31
Quote by necrosis1193
And as I said in my first post, how do you prove that she's the one who sent the text messages? If he says "This is my former manager saying that they'd pay me" and his former manager says "This isn't me, and that's not my phone number" then what?
I don't think the discussion even needs to get that far.

First, if she claims it's not her number, she's lying under oath. Second, phone numbers are attributed to specific names and, if need be, can be subpoenaed from the cellular provider.

...modes and scales are still useless.


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#32
Quote by Xiaoxi
First, if she claims it's not her number, she's lying under oath.


You have to prove that she's lying first. One side of every court case is bullshitting, if everyone was as honest as they swore to be and stuck purely to facts, the civil court system would be barren, and most lawyers would be broke.

Second, phone numbers are attributed to specific names and, if need be, can be subpoenaed from the cellular provider.


This is a fair point.

Note to self: 3:45 AM is not the time to try and figure out whether someone can lie their way out of paying someone in court

THE FORUM UPDATE KILLED THE GRADIENT STAR

Baltimore Orioles: 2014 AL Eastern Division Champions, 2016: 78-65
Baltimore Ravens: 2012 World Champions, 2016: 1-0
2016 NFL Pick 'Em: 10-6
#33
Quote by necrosis1193
You have to prove that she's lying first.
If she had half a brain, she'd at least have the vague notion that her number can DEFINITELY be attributed to her, and thus claiming it's not her number would be committing perjury, which would escalate from being the defendant in a petty small claims to defendant of a criminal offense...

Again, if she has at least half a brain, she should not even touch that direction of discussion.

...modes and scales are still useless.


Quote by PhoenixGRM
Hey guys could you spare a minute to Vote for my band. Go to the site Search our band Listana with CTRL+F for quick and vote Thank you .
Quote by sam b
Voted for Patron Çıldırdı.

Thanks
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Last edited by Xiaoxi at Oct 13, 2016,
#34
Quote by Burgery
apology recieved and pending consideration

denied
Quote by korinaflyingv
On the come up we were listening to Grateful Dead and the music started passing through my bowel and out my arsehole as this violet stream of light. I shat music. It was beautiful.
#35
she seems crazy

this is why women should not work in a corporate environment
#37
I promise to give everyone who's posted in this thread $100
Quote by Bill43


I wouldn't know an Opeth song from an Egg McMuffin
#38
Quote by wahappen
I promise to give everyone who's posted in this thread $100

quoting this so it's legally binding
#40
Normally I would say go get your money!!! If she doesn't have it JG Wentworth will!!!

Ok ok, being serious now. just let the 14$ go, you hated working at Tacobell anyways.
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