Legal Question in Business Law in Pennsylvania

working with a felon

Hello, I work in the field of commercial insurance. I have 2 questions for you. 1.) When i first started I had no insurance background. My training was to do all the marketing/applications and get the final quote for a guy that was older, less computer saavy and came from Federated Insurance. It made sense. Turns out, he was a convicted felon who violated his noncompete contract and my name was used to hide all his accounts. Is there any type of legal action i could take being I was made to work with a felon without being told? 2.) I was supposed to get 40% on first year business, which my contract clearly states. I only was given 15% my first year, thus entitling me to an add'l 25%. I was working on getting that but got another job offer and had to leave. Now they wont pay me. Will this contract hold up in the court of law? They are saying that they have another email saying 15% but i never got it or signed it? how should i pursue?


Asked on 12/30/08, 2:21 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: working with a felon

You asked about payment regarding work with a felon.

No. You can't get paid just because you were fraudulently working for a felon.

Good news. Not only are you likely due the full 40% but you may be entitled to the full amount as if he wasn't even in the picture. While you were supposedly a stooge the felon knew that he was disqualified (what about management?) and he is prevented from benefiting from his actions. It would take some analysis to figure out where and how you would be entitled to the funds.

As to contract, the side seeking to enforce a contract must demonstrate that a contract has been "signed" by the party to be charged. If you have an email agreeing to 40% from them then that could count as a signed contract. But they could refute that by producing a email sent by you agreeing to the lower amount. The term signed is very open given the current state of law regarding electronic signatures. Simply agreeing to an offer in a reply email can be considered a signature. But in no case can an unresponded email represent a de facto signature.

Bring the matter to a local business lawyer.

Regards,

Roger

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Answered on 12/31/08, 9:00 pm


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