Legal Question in Civil Litigation in Georgia
I work as a summer swim coach for a month every year. I've been doing it for 5 years now and this is the first year I am the Head Coach. Since I wasn't comfortable working with a stranger and I didn't really want to hire one of the kids to work with me, I asked one of my friends who lives in the same town as the swim team. He had no knowledge of swimming at all. It's never really set in stone how much money we make, it all depends on how much concessions they sell. Last year I only received 1000$. Because of that, plus he was skeptical about doing it because he knew nothing, I told him upfront how much he would get paid (700$). I didn't think he deserved to get a full 1000$ because I'd have to spend a few months training him, and on top of that make sure he was teaching the kids correctly (something I wouldn't have to do if my assistant knew what he was doing). He agreed. I however didn't put it in writing.
Before the season started we both went to a class that taught us how to use a computer program that we needed for the team. During the class my friend fell asleep and didn't pay attention to any of it. Because of that I told him I would just handle all of the computer stuff by myself instead of just having him be there doing nothing while I was using it.
While the season was going we discussed his payment many times and he was always 100% ok with it. I knew that the people giving us the checks would just split the pay down the middle, however much we made in the summer, and give it to us that way. I didn't feel like I needed to tell them to only give him 700$ and then give me the rest because I trusted my friend enough to just send it to me in a check after they gave it to him. When we ended up getting our checks, we ended up getting 2000 each. Under our agreement it meant that he owed me 1300$. Right after I got my check I moved back to my college town to begin moving it. Before I left we had arranged to get me the money sometime really soon. A few weeks went by and after many texts and no response to where my check was he sent me a message. In the message it said that he would not be giving me the money because in his eyes he got what he deserved and so did I. Also in the message he said that he was going to go by his word and give me the check because he said that 700$ was ok but after talking to people, he felt like I was ripping him off.
My question is do I have a case to send him to a small claims court? In his messages that he sent he clearly puts in there at least twice that he knows he said that 700$ was ok but now he's going to keep all of the money. We had a verbal agreement and he was always ok with it until we got the checks. And it wasn't like I knew we would make that much, it all depended on people buying food (something that I told him multiple times). I even have a witness that wasn't there for the original talk, but was around while we were talking about it and heard him say that 700$ was ok.
3 Answers from Attorneys
Did the "camp" contract with ONLY you or both of you? If you were the Head Coach and were an independant contractor with him as your employee, why did they give each of you a check if he was working for you? Iif you had an oral contract with him that you would pay him $700, why were the check made out to him and not you? These are important questions that must be answered and the answers of which are dispositive of the outcome of any legal action. Find a good contract lawyer and consult with him but keep in mind that your friend working "for you" made you an additional $1000 this year over last year (something to think about).
The questions from the other response should make you think about how this is an expensive lesson in how to handle business affairs, however small. The best way to handle this would have been to make the deal, in writing, with all parties (including the party who actually wrote the checks). Paying a lawyer, and the time and expense of filing a lawsuit, PLUS the problems in proving your case, then collecting, might make it a lost cause (other than the lesson learned, which might end up saving you much more in future dealings).
The other lawyers raise good points. You have learned an expensive lesson. This is going to be more aggravation than it is worth. I do not understand why you and your friend got separate checks. Either he worked directly for you or he didn't. It sounds like you could appoint the person but that you had no other control. You should have fired him after he fell asleep in class if were otherwise! If he was an independent contractor, then you are going to be out of luck. You have nothing in writing and it will be his word against yours. You can try on your own to do a small claims action and see what happens, but I would not take it further than that.
Another way to look at it is whether he would have had a right to sue you if you had not paid him more than$700.. I think he could make out a colorable claim under the facts since there was nothing in writing. If that is true, then you also have no basis on which to sue him.
This is just my opinion and I do not do employment law at all. If you are still in doubt, I would find an employment lawyer in your area (if you can find one that does free consults even better) and pay for a 30 minute consult. No lawyer will be willing to take this case as there is not enough money to be gained (it will cost the attorney to go to court and attorney fees are not going to be recoverable by you), but you just need them to tell you whether you have a case or not.
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