Legal Question in Business Law in Florida

Contract breach

My wife signed a contract to work for her client for two years as a nanny. Several weeks into the job, the wife left and took the kids, thus disolving the job. There was a period of 3-4 weeks that she was unemployed while seeking another client. Can she sue her previous client for the amount she would have made working the 2 years?...or only for any difference from her new client and the weeks she was unemployed? Her client has also failed to pay her for her last week. Does this help with a lawsuit or would that be a separate small claims issue? If so, is it (approx. $500) enough to even bother with in a small claims court?

Thank you.


Asked on 7/06/00, 10:40 am

3 Answers from Attorneys

Randall Reder Randall O. Reder, P.A.

Re: Contract breach

One would have to review the contract before being

able to give advice concerning the contract. Absent

a contract one has a right to sue for quantum meruit

for the value of the services one has rendered.

Whether it is worth suing for is a personal decision

you need to make.

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Answered on 9/14/00, 11:40 am
Stephen Verbit Stephen R. Verbit, P.A.

Re: Contract breach

Your wife's legal claim would be for breach of contract and all the damages resulting from the alleged breach would be recoverable in one lawsuit.

With regard to the client's liability and the applicable measure of recoverable damages, it may be limited or otherwise affected by the terms of the written agreement. The agreement would have to be reviewed by an attorney. However, it is possible that the damages would be measured by the amount your wife would have earned under the contract for two years less all amounts she was actually paid by her contracting client less the amount she earned from other work during the two year period. Again, this is pure speculation until the written agreement is reviewed.

In Florida, small claims court jurisdiction is for claims that do not exceed $5,000. A $500 claim can be worth pursuing in small claims court. If you win, the costs of filing the claim and serving the defendant are recoverable. The real issue is whether the defendant has assets that can be used to satisfy any judgment you obtain against her.

I hope this answers your questions.

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Answered on 9/07/00, 4:46 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Contract breach

Your wife should be able to recover a judgment for the actual damages she sustained, including her last weeks pay. Attorneys fees can be added if the contrAct provided for them or if she can prove that she was an employee.

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Answered on 9/07/00, 6:21 pm


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