Arbitration/Mediation/Quantum Meruit

Advertisement


Question
How can I successfully craft a winning quantum meruit argument? I have already had a hearing on this issue and was told that my argument needs "beefing up".

It is an employment dispute, where a Labor Hearing Officer found that there was no employment agreement.

I have the W-2 from the previous employer, my standard contract for services (which I use when hired as a private contractor), comparable salaries for the work I did (Wages.com website),a detailed log of the hours worked for this employer, my personal calendar, my work product, all of the emails sent between me and the principals, emails from individuals outside the company who I corresponded with while doing work for the company and witnesses
who can testify to the work I did for the company.

Am I missing anything important?

Answer
Theo,

For a quantum meruit claim, you need to show the benefit to your former employer.  Quantum Meruit is a claim based in equity so you need to show your detriment and the employer's gain from your labor.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.

Arbitration/Mediation

All Answers


Answers by Expert:


Ask Experts

Volunteer


Paul D. Friedman, M.A., Ph.D., J.D.

Expertise

I am a licensed attorney and Judge Pro Tempore who has conducted and been involved in hundreds of mediations and thousands of arbitrations. I can answer questions regarding settlement conferences, mediations or arbitrations. I do not give legal advice over the internet and it would be helpful to list your location such as country or state.

For more information, you can view my website at WWW.EXPERTETHICS.COM

Experience

I am a licensed attorney, Judge Pro Tempore and adjunct professor.

Experience in the area
I have been a licensed attorney since 1989 and a Judge Pro Tempore since 2005. Additionally, I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics

Organizations
State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court
American Bar Association
National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities
Kennedy Institute of Ethics
National Association of Realtors

Education/Credentials
Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004
Doctorate of Philosphy 2006

Awards and Honors
Phi Beta Kappa
Multiple Who's Who

Publications
A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM

©2016 About.com. All rights reserved.