Legal Question in Business Law in Florida

while employed I sold 1 item from outside company inventory. Now employer refus
While an employee of a company I encountered a situation where a customer could not afford our price for a peice of equipment. I could get the equipment ( a different brand) from outside the company and did so. Upon my resignation of employment, it was discovered that I had done this. Now my employer refuses to pay me my earned compensation siting I ''stole'' from the company. The peice of equipment cost $200.00 and the company did actually recieve compensation for the equipment in the contract. My compensation that was due is approximately $45,000.00. Does my ex-employer have legal ground to not compensate me?

Asked on 12/11/02, 11:13 pm

3 Answers from Attorneys

George Savage George S. Savage, P.A.

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Re: while employed I sold 1 item from outside company inventory. Now employer r

Your employer can't possibly believe that you using a $200 piece of equipment can be used to not pay you $45,000. You have a wage claim and possibly would be entitled to get your attorneys fees paid by your former employer.

It sounds like your former employer received all of the compensation for the product and cannot use this "theft of company assets" as a defense.

It was not clear if you have an employment contract with the company. How was the $45,000 determined?

It is my recommendation to see an attorney, try to reach a contingency agreement with the attorney and discuss all aspects of your matter with the attorney.

Good luck.

Answered on 12/12/02, 4:00 pm

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Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

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Re: while employed I sold 1 item from outside company inventory. Now employer r

It appears your employer is mistaken. It also appears that you have a loss of wage claim and possibly a breach of contract claim (do you have an employment contract) under Florida law, and you may even be entitled to the attorney's fees and costs you incur in pursuing your claim. You should meet with an attorney to explain all the facts and receive a comprehensive overview of your rights and legal options. Should you wish to discuss this matter in more detail, please call my office at 305-445-0937.

Answered on 12/11/02, 11:25 pm

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