On Wed, 18 Aug 2010 15:35:47 -0700 (PDT), walterbyrd
<walterb
...@iname.com> wrote:
>I do not make these charges lightly. I have no reason to lie.
>"The Peak Organization" is located in New York, I am located in
>Colorado. The amount in question is not worth contacting a lawyer, or
>going to small claims court. My guess is: that is why they are ripping
>me off.
>Peak is hardly even shy about it. They just ripped me off and told me
>that I must have misunderstood. When I informed them that I have
>documentation, they said the person who gave me that documentation (my
>supervisor, also a peak employee) was not authorized.
That does not matter in a court of law..
The key thing is the employee had apparent authority via the
doctrine respondeat superior.
The employee purchasing some good or service, he made promises in
writing to obtain that good or service, that purchase was within his
apparent scope of employment, the good or service in question was
supplied by the plaintiff, and those promises of payment were not
honored.
http://legal-dictionary.thefreedictionary.com/Respondeat+superior
If you provided the service to a client of theirs, contact their
legal department, and inform them of the debt the Peak organization
still owes you monies for services rendered and they are at risk of
being named as a co-defendant. (You really don't know who paid for
what, so name them both as defendants. You'll be bluffing, but they
won't know that.. But that client will light a fire under the Peak's
ass for not paying to agree'd terms.)
Note: I usually include a clause my contracts that a copyright to the
work in question doesn't transfer until I am paid in full for all
services rendered. I.E.. If they start redistributing my
uncompensated works, I can make a federal court claim for millions in
damages.via copyright law violation for commercial gain. (Damages not
limited in cases where distribution is for profit. ).
>Here is what Peak is doing:
>1) Refuses to reimburse me for expenses, which they previously assured
>me would be covered.
>2) Not paying me the agreed upon rate.
>3) Not paying in a timely manner.
>Financially, it's a not a big deal. But, before anybody else here
>works for Peak, it's something you might want to think about.
>-------------------------
>The Peak Organization
>25 West 31st Street, Penthouse
>New York, NY 10001-4413
>Tel: 1-212-947-6600
>Fax: 1-212-947-6780
>Web: www.peakorg.com
>Email: reichenb...@peakorg.com
