What constitute a legal employment contract?
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What constitute a legal employment contract?
I was hired as a production supervisor for a newly created company on 03/21/11. They have me working from home until production starts. They had me sign a Interum Memorandum Agreement, on-line, simply by “signing” my name in all CAPS. The show manager signed it the same way. In the agreement it states that I will be paid $700 a week;first paycheck to be received 04/05/11. It is now 04/08 and I have not been paid nor are they replying to my e-mails about my paycheck. Could I take them to small claims court with the contract only signed in caps? How can I get paid?
Asked on April 8, 2011 under Employment Labor Law, Arizona
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have an enforceable contract. A valid contract requires an offer, acceptance, and consideration. Consideration is a bargained-for-exchange which in this case is your work as a production supervisor in exchange for payment.
Your contract is valid because it includes the essential terms such as identification of the parties, subject matter, payment, etc. and was signed by the parties.
You are correct that you can enforce the contract by filing a lawsuit in Small Claims Court. Your damages (the amount you are seeking to recover in your lawsuit) should include the amount you are owed plus court costs. Court costs would include the court filing fee and process server fee.
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