Legal Question in Civil Litigation in Florida

Receiving Personal Articles Back From Former Domestic Employeer(s)...

I was working previously as a nanny/mother's help for a family in St. Petersburg, Florida. I left early without fulfilling my unwritten contract to the family and they still have some of my personal belongings; they are claiming that I owe them airfare for the unused portion of my return flight. However, since I never signed an actual written contract with them do I actually owe them anything aside from shipping and handling fees for my things? Also, they say that they will donate my things to charity after 21 days, is this illegal for them to wait so soon to do this? Thank you for your replies :-)


Asked on 8/24/00, 9:45 pm

1 Answer from Attorneys

John Hayes The John Hayes Law Offices

Re: Receiving Personal Articles Back From Former Domestic Employeer(s)...

An oral contract is just a valid as a written contract, however it is harder to show proof of the terms of the oral contract if you and the family were the only witneses. If you have offered to pay shipping and handling for the return of your personal belongings, and they still refuse to return them, you could sue them in small claims court if they do get rid of the belongings. As far as the air fare, that depends on the terms of your contract, and why you left before the end of your contract. I suggest that you write them a formal letter outlining the reasons for your departure, and why you think you don't owe them the money for the air fare. You should also state that you will pay for the shipping and handling required to send you your belongings. That way if it does end up in Court you can show the letter to the Judge. I would send it certified, return receipt so you have proof they received the letter.

Good luck.

John Hayes, Esq.

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Answered on 9/30/00, 6:14 pm


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