Q: I was employed by a small business owner, the CEO & friend. During my employment he made a verbal agreement to pay me
$13,000 based on the presidential election results (a bet). He began paying me 2/4/21. He made 7 payments & changed the terms of payments verbally 3 times. On 9/15/21, without warning or cause ‘eliminated my position’ within the company (which has 7 employees including him). During the ‘exit interview’ (which, contrary to company policy was merely retrieval of company equipment & nothing more) he verbalized his intentions to continue to pay the debt & has not. Do I have a case?
A: You have two contract issues here. One is your verbal employment contract and another is a verbal contract based on a bet. With regard to your verbal employment contract, Florida is an at will employment state which means employer can terminate the employment with or without a cause, vise versa. Regarding the contract on a bet, which is a wagering contract, although Supreme Court holds that a wager is not unlawful under Section 23 of the Indian Contract Act but the contract, if you bring it to court, may not be enforced due to public policy, i.e, court will not encourage betting.
Bruce Alexander Minnick agrees with this answer
A:
The most important thing you got out of this sad experience is knowing that your "friend" does not live up to his word.
So-although you may not prevail against this person in small claims court--where the maximum amount sued for must not exceed $8,000--you may get some satisfaction out of informing the rest of his friends in your community that he does not live up to his promises.
A:
If the court determines that your wager falls within the FL Statute 849.14- Unlawful to bet on result of trial or contest of skill, etc., then it is a misdemeanor of the second degree.
Then, you have a statute of frauds problem, meaning a contract is not in writing unless it was capable of being performed within one year.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
