What should be my next step? Do I have a small claims case?

[Larry10]

I was an independent contractor (umpire) for a large company (high level baseball league) this summer. While money is not discussed within the contract I signed, it is detailed within the welcome letter to the league. Within the letter, it explains, "Travel to and from the [omitted] League will be paid to all umpires that complete the [omitted] League season." It also specifies a maximum of $600 for travel reimbursement.

Within the contract itself, it specifies that I am allowed to leave the league, without any penalty from the league, should I be promoted to a specific higher level league. In mid-June (two weeks into the season), I was promoted to this specific league, and left without complaint. I paid $347.10 for travel to the league, and roughly $280 for travel home before going to this new league. $252.90 of this should have been reimbursable, to reach the maximum of $600 round trip... The new league paid for my travel from home to the new league.

Following the new league's season ending, I returned to the original league to work its playoffs. I worked three games, before returning home, concluding my season. I explained to the league that I had already used my $600 in reimbursement, and was told that this would be treated as a separate trip.

Following submitting my documentation to the league for reimbursement, I was told I would not be reimbursed for the $252.90 expense that I paid to get me home following my promotion, as I did not "complete" the original league's season. I did not violate my contract in the least, and this is, in my opinion, a cheap money grab by a large corporation expecting me to take it.

I did in fact complete my contractual obligation to the league, as well as the league's season itself, when I returned. I have appealed this to the league, however have not yet heard back. The contract stipulates that the agreement is governed in accordance with the laws of Florida, and that Duval County, Florida shall be the venue for any legal action. I live in Michigan, and the league is not based anywhere near Florida. I don't know why Duval County was chosen, but is that allowable?

Should the appeal to the league fall on deaf ears, what would be my smartest course of action? Am I in the right here? While the $250-some is by no means going to break me, I feel it absurd that this large corporation is choosing to stick it to me, in hopes I will not respond.

Thank you!

 

[justalayman]

By your own statement you did not fulfill the terms of the contract that would have required you to be reimbursed for the travel expenses (either time). You only worked part of the season. Returning after leaving for some time is not completing the season. You seem to be interpreting that as being present at the completion of the season. The league and myself are obviously taking the statement to mean you had to work the complete season.

 

[adjusterjack]

Following submitting my documentation to the league for reimbursement, I was told I would not be reimbursed for the $252.90 expense that I paid to get me home following my promotion, as I did not "complete" the original league's season. I did not violate my contract in the least, and this is, in my opinion, a cheap money grab by a large corporation expecting me to take it.

Can't disagree with your last phrase.

Unfortunately, if the league is relying on the letter of the contract within its four corners you might have a problem.

On the other hand you can claim detrimental reliance on the letter about the reimbursement and the lack of reimbursement you could construe as the penalty that you weren't supposed to suffer when you left the league.

The contract stipulates that the agreement is governed in accordance with the laws of Florida, and that Duval County, Florida shall be the venue for any legal action. I live in Michigan, and the league is not based anywhere near Florida. I don't know why Duval County was chosen, but is that allowable?

Yes, a choice of law and venue is common and allowable. However, you would need to show that such a provision, when neither you nor the league is located there, is unconscionable or against public policy. Although that's probably going to be a little deep for small claims court.

The proper venue for a contract lawsuit is either where the defendant does business or where the contract was entered into.

It's possible that a small claims court judge would ignore the Florida thing and just look to the rest of the contract.

Should the appeal to the league fall on deaf ears, what would be my smartest course of action? Am I in the right here? While the $250-some is by no means going to break me, I feel it absurd that this large corporation is choosing to stick it to me, in hopes I will not respond.

What you do is up to you. There's no way anybody can predict how small claims court will turn out, especially without being able to read the entire contract word for word.

 

[Larry10]

To add to this, does it matter that I never signed anything on this welcome letter that informed me of pay? I only signed the contract which doesn't mention the pay at all.

I would contend that I did complete the season. I started within this league, and finished within this league.

What would a small claims filing in my hometown (where I signed the contract) do exactly?

If anyone would like to see the actual contract and welcome letter, feel free to PM me. I appreciate your thoughts and comments.

 

[adjusterjack]

I would contend that I did complete the season. I started within this league, and finished within this league.

And the league would disagree which is what court is for.

What would a small claims filing in my hometown (where I signed the contract) do exactly?

Convenience, avoid travel time and expense. But I should have added that your league would have to have some ties to your state for you to be able to sue in your local court.

Does the league operate within your state or do you just travel to other states to ump for the league? Is the league registered with your state, have a registered agent in your state for the service of process? Does the league have any license in your state? Have employees in your state? Location?

While venue and subject matter jurisdiction may be proper in your local court, the personal jurisdiction issue could result in you having to sue wherever the league HQ is.

 

[justalayman]

You worked part of the season. That is not completing the season. That's like me saying I went to work at 9, left at 10, came back at 4 and worked until my normal 5:30 and me claiming I completed the entire day. In your mind apparently that is completing the day. It's being there the end of the day. Not the same thing.


And you aren't being penalized for quitting mid season and coming back. Penalizing you would be something like seeking payment from you for them having to find a replacement mid-season.

 

[adjusterjack]

If anyone would like to see the actual contract and welcome letter, feel free to PM me. I appreciate your thoughts and comments.

You'll have to go into your profile and adjust it to accept messages before anybody can do that.

 

[Zigner]

You'll have to go into your profile and adjust it to accept messages before anybody can do that.

Actually, it's considered improper to offer personal advice through PM's - keep it in the forum. Additionally, a contract review is beyond the scope of this forum. The OP should seek legal counsel if that is what the OP wants..

 

[Larry10]

I apologize for the PM offer. I did not know.

The league does have ties to my state. Would that make the small claims potentially valid in my home state?

 

[quincy]

I apologize for the PM offer. I did not know.

The league does have ties to my state. Would that make the small claims potentially valid in my home state?

You need to have your contract personally reviewed in its entirety by an attorney in your area of Michigan. Analyzing the terms of a contract, and offering an opinion on this analysis, falls under the practice of law. Contract-review not only falls outside the scope of this forum as Zigner noted, in other words, forum members who are not attorneys would be practicing law without a license if they assisted you in that way, and attorney-members would be violating their state codes.

Here is a link to the Michigan Legal Help Organization on small claims actions should you decide to go that route to collect on what you feel is owed you by the League: http://michiganlegalhelp.org/self-help-tools/consumer/taking-small-claims-case-court

As to the choice of law provision in the contract you signed, Michigan generally applies a "most significant relationship" test in contract* cases, following the Restatement (Second) of Conflicts of Law, section 187 (http://www.kentlaw.edu.perritt/conflicts/rest187.html).

If you feel the $250+ owed is worth the time and trouble trying to collect, and if you feel pursuing it will not harm future employment with the baseball league (which it could), you can review facts with a lawyer local to you.



*different for tort actions