Legal Question in Business Law in Arizona
An ex-colleague has sent me an invoice for what she perceives to be her "cut" of a deal I worked out with a client. There was never any discussion of anything being awarded to her. Nothing written, nothing stated. Do I need to respond to her invoice in any way, or can I just ignore it, knowing it has no basis in reality?
3 Answers from Attorneys
That would depend on any history of deal sharing, as well as when the deal occurred and the former colleague's involvement. Essentially, it's better to look at this issue a little more than to ignore it.
Because you wrote "ex-colleague" I understand there is some background to your four sentence summary. And likely another side to the story. Was there previously an understood business relationship where she did receive a portion of deals you worked out with clients? Did she perform any work on the deal you worked out with the client she sent you an invoice for? Did you ever have a formal written contract with her, or was there a normal course of business in the past which lead your colleague to believe she was due a cut of the deal? Without knowing more it is difficult to determine what claim she may have and what defenses are available to you.
As a Franchise Attorney can say the other attorneys are right on point here. You don't want to ignore the invoice as this might imply you've accepted it. If someone sent you an invoice for something you didn't order or were not in any way responsible for, you wouldn't just ignore it, right? Same principle here, and from your "ex-colleague" remark, it sounds like there's more to the story. And oral contracts and agreements can be just as enforceable as written ones. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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