Legal Question in Business Law in Florida

Contract Breach

I am a software professional working in florida.I enterned into contract with xyz company on March of 2004,it was initially for 4 months then automatically it was to be incremented for 3 months till dec 2004.I am still working after Dec 2004,without any existing contract,I never received any of my payments on time, according to contract i was to receive payments within 25-30 days but the company always paid 90 days late.even now my payments are due from month of May.

I gave the company 30 day termination notice as suggested in contract even though no contract exists.The company made up new contract and is asking me to sign that where they mention they'll pay me money after 40-60 days i don't want to sign any more contracts.I asked for my payments,instead of paying me the xyz company employer wants to pay me by considering me W2 employee as he says no contract exists and is cutting my hourly pay which would be unfair .i haven't signed any contract or agreement where it mentions such clause.

The contract had an arbitration clause,My question is contract is not valid now can i sue that company in civil court for my payments?What does the law say regarding such situation.The company i am talking about is located in florida.


Asked on 8/02/05, 1:39 pm

1 Answer from Attorneys
Beth Clause Beth L. Clause, PLLC -

Re: Contract Breach

If the term of your contract is expired and they have not paid I would advise you strongly not to sign anything until you are paid up to date. If they do not pay, depending on the amount due, you will need to file suit or arbitrate. If the amount due is not over $5K I would not recommend arbitration as it is expensive.

If you would like to talk about this more, you may contact me at 877-891-8152. My initial consultation is free.

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Answered on 8/02/05, 2:18 pm


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