Civil/Commercial Litigation (Lawsuits)/contract
writing for my wife who has a cleaning business and does work per contract at the local VFW.
Contract states what the pay will be, how many days per week, etc.
It was signed by the Commander of the post, the Quartermaster and her.
It was dated however there is no end date on the contract...so for example if it was signed 6/10/2010 and she has been doing the work every since.
However at one point they, the club threatned her job if she did not take a drop in pay from 150 to 120 per week, which she did do..and the added an extra day for her to work, same scenario and she did...original contract called for 2 days week, 150...she has been working 3 days a week for 120.00.
While she did this to keep the job the original contract was never rewritten or re-negociated to reflect these changes...it was never changed and again no expiration date was ever added to the document.
It was never brought up until a couple of days ago a new commander says that her contract is no good and that she has to submitt a bid for the job she already has...she was told this on Monday, Sept.30th and was told she had to have the bid in as of Yesterday,Oct.1st...which she submitted.
When she asked for a job description they refused to provide one so she essentially bid on a job with no idea of what it actually is...
Also in the original contract there is no mention of her being fired for any reason, nor is there any mention of re-negociating the existing contract.
She has never had any bad reports from them concerning her cleaning responsibility.
She according to the contract was entitled to the cleanup after club functions which they have not adheared to giving those to whomever they chose to.
I know its difficult without actually seeing the document to tell me if its valid and in force, for if it is, I want to sue for the money she was not paid, the extra day at an additional charge of 75.00 per week and any cleanups that went to anyone other than her at a price of 100.00 each.
Also, if the contract is valid, I would like to negate this move by the commander and such to force her out and give this to someone else...she was not allowed to be at the bid opeining which was last nite, and has not been notified as to what transpired...the job was never posted anywhere, ie, bulliten board, newspaper etc...
My question is essentially is her original no end date contract valid?
Or frankly any other info you could provide to point us in the right direction.
If we can determine if the contract is good, then we will hire an attorney to begin the process of recouping what was taken away.
This has been going on for a couple of years at least so the amount would be substantial otherwise I would sue for it in small claims myself...
Thank You so much for your time, I am on here as well as an expert in tropical fish so if you have a tank in your home or office perhaps I can assist you as well...
if you would like I can scan a copy of the contract, its only one page for you to see....I don;t have it with me but I can get it to you within 24 hrs...thanks.
Hello Mr. McCorry,
Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.
Thanks for the invitation about the fish; I'll pass that on to my son who does have a tank.
I suggest you take the contract to an attorney licensed to practice law in your jurisdiction to review it and give you and your wife particular legal advice.
The determination of the validity and/or sufficiency of a contract, and any breach thereof is a question of law to be decided by a judge in your jurisdiction. Arguably, when the other party imposed a pay cut on your wife, that was a breach, and she may have a cause of action for breach of contract. Also, when your wife accepted the pay cut for sometime without suing, she may have waived her claim, so the other party might have a defense of waiver.
It does not strike me as particularly meaningful that the contract has no end date. Many contracts do not have that term, but instead run in perpetuity until terminated by notice or some other process. Some contracts simply fail to address the subject.
General common law provides that a contract is valid and enforceable if it consists of an offer, acceptance of the offer, sufficient consideration and mutual intention to create a legal relationship to engage in lawful conduct. Some specific provisions apply under certain circumstances and under local rules.
I hope this helps, good luck to you.
SMITH & RAVER LLP
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law