ServiceMaster We Listen Plan is Illegl?

[Texdex]

Use your own judgement

That doesn't have to be in a contract for the contract to be enforceable.

But this is moot as it seems that numerous judges have reviewed this contract and all of them have ruled it enforceable. Your questions have been answered!

If you read the We Listen plan, you can't help but see how unfair and one-sided it seems.
Additionally, you have to ask yourself, "What's missing?" "Something is just not right" and does not pass the smell test in general.

as mentioned before there are too many elements missing to make it valid and if the company insists on enforcing it, they are obligated to follow the plan requirements as defined. They cannot bypass the steps if it is a valid contract.

As stated in the agreement, if the company has a dispute with me (like they want to terminate me), then they are obligated to file a we listen complaint before firing me.

If they go outside the plan provisions they have breached the contract and by termination also invalidated the contract by removing the continued employment consideration.

I am trying to find a local attorney to review this, but again this could impact thousands of cases and be grounds for appeal.

Again, please read it carefully and come to your own conclusion - I have underlined what I think are key points. Would appreciate your comments after you have given it an objective view.

 

[Proserpina]

If you read the We Listen plan, you can't help but see how unfair and one-sided it seems.
Additionally, you have to ask yourself, "What's missing?" "Something is just not right" and does not pass the smell test in general.

as mentioned before there are too many elements missing to make it valid and if the company insists on enforcing it, they are obligated to follow the plan requirements as defined. They cannot bypass the steps if it is a valid contract.

As stated in the agreement, if the company has a dispute with me (like they want to terminate me), then they are obligated to file a we listen complaint before firing me.

If they go outside the plan provisions they have breached the contract and by termination also invalidated the contract by removing the continued employment consideration.

I am trying to find a local attorney to review this, but again this could impact thousands of cases and be grounds for appeal.

Again, please read it carefully and come to your own conclusion - I have underlined what I think are key points. Would appreciate your comments after you have given it an objective view.

Take.
It.
To.
An.
Attorney.

(I can type it backwards too if you're still not getting the message ... )

 

[Texdex]

What is the purpose of this forum?

Take.
It.
To.
An.
Attorney.

(I can type it backwards too if you're still not getting the message ... )

I get it and have contacted several local attorneys - but have not heard back from them (Too soon to expect a response).

I thought the purpose of this forum was to put forward legal questions and get opinions and discussion from experts.

If all you can contribute is "Talk to an attorney", what are you really adding to this forum and discussion.
(don't mean to seem rude or unappreciative, just want to understand how to play in this arena and what to expect).

Obviously I'm not an attorney and was directed to this forum from the parent site.

 

[Zigner]

I get it and have contacted several local attorneys - but have not heard back from them (Too soon to expect a response).

I thought the purpose of this forum was to put forward legal questions and get opinions and discussion from experts.

If all you can contribute is "Talk to an attorney", what are you really adding to this forum and discussion.
(don't mean to seem rude or unappreciative, just want to understand how to play in this arena and what to expect).

Obviously I'm not an attorney and was directed to this forum from the parent site.

Contract review is beyond the scope of this forum.

You may wish to check www.attorneypages.com to find an attorney.

 

[Texdex]

Thank you

Contract review is beyond the scope of this forum.

You may wish to check www.attorneypages.com to find an attorney.

Thank you.

Not specifically asking for a contract review, first trying to figure out if it is even a real contract.

Just because an attorney wrote it and judges have enforced it (without comment on its validity since that was not the question before the judge),
does not make it a valid or legal contract.

My other question is, in general, if Consideration is removed by one party does that end the contract or is that a breach of the contract.

Feel free to add your opinion - I am seeking a local attorney also, but would appreciate any objective thoughts instead of non-answers. (Again no insult intended just asking for constructive comments that promote discussions or areas to research - thanks for understanding)

 

[eerelations]

This is obviously a bad contract, poorly written and not even signed by the company.

So you know more about what constitutes an enforceable contract than numerous judges? (And us who have sometimes not inconsiderable experience with contracts?)

 

[eerelations]

Just because an attorney wrote it and judges have enforced it (without comment on its validity since that was not the question before the judge), does not make it a valid or legal contract.

It sure does! If the judges threw out the cases based on the contract then by golly those judges were pretty darn certain the contract was valid!

And that's why I (one of those people here with considerable contract experience) am not going to comment on this particular contract - because it has already been determined to be valid.

 

[Zigner]

I think you misunderstand the contractual element of consideration.

Thank you.

Not specifically asking for a contract review, first trying to figure out if it is even a real contract.

Just because an attorney wrote it and judges have enforced it (without comment on its validity since that was not the question before the judge),
does not make it a valid or legal contract.

My other question is, in general, if Consideration is removed by one party does that end the contract or is that a breach of the contract.

Feel free to add your opinion - I am seeking a local attorney also, but would appreciate any objective thoughts instead of non-answers. (Again no insult intended just asking for constructive comments that promote discussions or areas to research - thanks for understanding)

 

[eerelations]

I think you misunderstand the contractual element of consideration.

He sure does! But why bother explaining it to him - that's not going to change the fact that this contract is perfectly valid (which is what he wanted to know in the first place).

 

[Texdex]

I don't know anything

So you know more about what constitutes an enforceable contract than numerous judges? (And us who have sometimes not inconsiderable experience with contracts?)

I'm here because I don't know anything. I am humbly seeking your help. I am not an attorney and don't know how these things work. Is this forum only for attorneys -is that why I feel like i'm being attacked and ridiculed?

I apologize if I have stumbled into an "Attorney Only" forum. Please advise where the freeadvice forum is - thanks.

Note- i'm no expert, I just have questions based on what I have read at various sites about what makes a contract a contract, what makes a contract illegal and what is a breach of a contract. Based on what I have read, there appears to be a number of questionable terms in the We Listen plan.

If you are able to help without nit picking my lack of knowledge and experience, please do so. Obviously, I don't even know how to ask my question properly.

As smart and experienced contributors, I think you understand what I am asking and you could easily answer without "Giving me the business". Please have mercy on me and help, I have specifically said I do not know anything and am humbly seeking insight from wise and experienced contributors.

 

[eerelations]

The contract is valid. It has been ruled valid on numerous occasions. Just because you don't want it to be valid doesn't mean it isn't valid. It is valid. Period.

 

[Zigner]

I'm here because I don't know anything. I am humbly seeking your help. I am not an attorney and don't know how these things work. Is this forum only for attorneys -is that why I feel like i'm being attacked and ridiculed?

I apologize if I have stumbled into an "Attorney Only" forum. Please advise where the freeadvice forum is - thanks.

Note- i'm no expert, I just have questions based on what I have read at various sites about what makes a contract a contract, what makes a contract illegal and what is a breach of a contract. Based on what I have read, there appears to be a number of questionable terms in the We Listen plan.

If you are able to help without nit picking my lack of knowledge and experience, please do so. Obviously, I don't even know how to ask my question properly.

As smart and experienced contributors, I think you understand what I am asking and you could easily answer without "Giving me the business". Please have mercy on me and help, I have specifically said I do not know anything and am humbly seeking insight from wise and experienced contributors.

www.attorneypages.com

 

[Texdex]

EErelations Why so hostile?

It sure does! If the judges threw out the cases based on the contract then by golly those judges were pretty darn certain the contract was valid!

And that's why I (one of those people here with considerable contract experience) am not going to comment on this particular contract - because it has already been determined to be valid.

Why can't you look at the agreement with an open mind?

The agreement seems far from perfect and bullet proof. If you wanted to challenge it's validity, what concerns would you raise?
(don't reference the past, use your own original thinking on this)

Thanks

 

[quincy]

I'm here because I don't know anything. I am humbly seeking your help. I am not an attorney and don't know how these things work. Is this forum only for attorneys -is that why I feel like i'm being attacked and ridiculed?

I apologize if I have stumbled into an "Attorney Only" forum. Please advise where the freeadvice forum is - thanks.

Note- i'm no expert, I just have questions based on what I have read at various sites about what makes a contract a contract, what makes a contract illegal and what is a breach of a contract. Based on what I have read, there appears to be a number of questionable terms in the We Listen plan.

If you are able to help without nit picking my lack of knowledge and experience, please do so. Obviously, I don't even know how to ask my question properly.

As smart and experienced contributors, I think you understand what I am asking and you could easily answer without "Giving me the business". Please have mercy on me and help, I have specifically said I do not know anything and am humbly seeking insight from wise and experienced contributors.

An aside: Why are so many of the problematic posters to this forum in recent days using the words "nit picking?"

 

[Proserpina]

An aside: Why are so many of the problematic posters to this forum in recent days using the words "nit picking?"

Birds of a feather ...




Alas, "nit-picking" seems to be code for " ... but I don't like that response ".