You are exactly right
The feeling that anything on paper signed by two parties is a contract, is a common misconception among cable/sat workers. And those who seem and tend to chide the "average" poster don't appear to have any grasp of the subject and are often wrong and this is yet another example. This post and CrazyIvan's post combined are the most accurate and also the most constructive.
What is accurate?
1. Existing law will supersede any contract. Another words, the contract cannot stipulate anything that goes against the local, state, or federal law's. If it does, then that part of the contract is null and void, maybe even the entire contract.
2. In most states verbal agreements are binding for a period of time. (It is quite possible that the only binding contract is the verbal one and the written contract is unenforceable)
3. (In small claims court if below the statutory max for small claims the best advice considering he feels wronged and he won't need to pay an attorney and I will be willing to help anyone here for free) I would file a lawsuit against them for monies owed stating they breached the contract [I would include all expenses for traveling to file and pursue the case]. Get it in front of a judge and let him decide. You have a 50/50 chance of winning. Make sure you file in their state, cause a judgement in your home state is NOT enforcable in another state.
4. (This point increases his chances of winning to over 70% the more reason to file) Heck, once the paperwork is filed they might pay you to keep it from going to court cause once it hits court and they lose, it becomes case law and everyone else they did that to will have an automatic win should they file and site your case in court.
5. (If he did the work and did it well he will "win") I do believe a judge would side with you, provided you did the work, have all the paperwork to show for it, etc. Most judges do not like companies screwing people over espically now.
And this brings us to the solution to all Cable/Sat worker issues, which is stiffening ones spine as a human being who deserves respect, harm yourself with the right information, disregard useless advice and if you are right, do not give a quarter! ... If anyone here is blacklisted for standing up to a contractor or going through these steps and you are sure you are right contact me I have the resources to help you. If it's someone you know, ask them to join this forum and I am willing to help out...
Re: What happened to ethical companies?
There is 1 reply to this message
