Unpaid Wages Complaint

IN THE CIRCUIT COURT

IN AND FOR MARION COUNTY FLORIDA

 

SAMPLE,

Plaintiff.

v. CASE NO.

 

SAMPLE DEFENDANT,

Defendant.

___________________________/

 

COMPLAINT AND JURY TRIAL DEMAND

COMES NOW, the Plaintiff, SAMPLE, who sues the Defendant, SAMPLE DEFENDANT  and states as follows:

  1. This is an action by Plaintiff against Defendant for unpaid wages, unjust enrichment and breach of contract.  These allegations are made as alternative pleadings.

2.          Venue is proper in this Court as the Plaintiff worked for the Defendant and expected payment from the same in Ocala, FL.

  1. Plaintiff had an agreement in which Defendant agreed to pay Plaintiff a salary of $100,000.00 plus a monthly allowance of $1,200 for vehicle expenses.  See Employment Agreement attached hereto as Exhibit B.1

4.        Plaintiff worked for Defendant pursuant to said agreement during the years 2008 and 2009, however he only received payment of $55,000.00 and $34,615.00 respectively.

5.       There remains unpaid to Plaintiff the sum of $139,185.00 (plus interest accrued) for his work in 2008 and 2009 for the Defendant.

6.      Plaintiff has repeatedly demanded payment of the aforementioned sums, and although the debt was admitted payment has still not yet been received.

7.       Plaintiff was forced to pay the undersigned and is required to pay him a reasonable attorneys’ fees.  Plaintiff requests said attorneys’ fees as damages in this lawsuit.

COUNT I

BREACH OF WRITTEN EMPLOYMENT CONTRACT

  1. Plaintiff re-alleges the allegations contained in paragraphs 1 through 7 above.

  2. Plaintiff and Defendant entered into a written employment agreement as described in the attached Exhibit B to pay Plaintiff for his work.

  3. Pursuant to the parties’ agreement Defendant agreed to compensate the Plaintiff at the terms specified above.

  4. An essential term of the employment agreement was that Defendant would pay Plaintiff according to the terms of said agreement.

  5. Defendant has willfully failed to pay Plaintiff for worked performed.

  6. Plaintiff has been damaged due to Defendant’s willful failure to pay Plaintiff the appropriate agreed upon commissions and reimbursements.

  7. Pursuant to § 448.08, Florida Statutes, Plaintiff is entitled to costs of the action and a reasonable attorney’s fee.

WHEREFORE, Plaintiff requests judgment against the Defendant for damages and prejudgment interest, together with costs of suit and reasonable attorney fees, and such other and further relief as the court may deem proper.

 

 

 

COUNT II

BREACH OF ORAL EMPLOYMENT CONTRACT

 

  1. Plaintiff re-alleges the allegations contained in paragraphs 1 through 7 above. This count is alleged in the alternative to Counts I and III.

  2. Plaintiff and Defendant entered into an oral employment agreement with the terms specified in the attached Exhibit B to pay Plaintiff for his work.

  3. Pursuant to the parties’ agreement Defendant agreed to compensate the Plaintiff at the terms specified above and as noted in the attached Exhibit B.

  4. An essential term of the employment agreement was that Defendant would pay Plaintiff according to the terms of said agreement (detailed in the attached Exhibit B).

  5. Defendant has willfully failed to pay Plaintiff for worked performed.

  6. Plaintiff has been damaged due to Defendant’s willful failure to pay Plaintiff the appropriate agreed upon commissions and reimbursements.

  7. Pursuant to § 448.08, Florida Statutes, Plaintiff is entitled to costs of the action and a reasonable attorney’s fee.

WHEREFORE, Plaintiff requests judgment against the Defendant for damages and prejudgment interest, together with costs of suit and reasonable attorney fees, and such other and further relief as the court may deem proper.

COUNT III – UNJUST ENRICHMENT

 

  1. Plaintiff re-alleges the allegations contained in paragraphs 1 through 7 above.

  2. As an alternative pleading to the allegations in Counts I and II, Plaintiff gave Defendant benefits but was not compensated fully for his services.

  3. Defendant has accepted these services and never objected to the same.

  4. Plaintiff has been damaged due to Defendant’s willful failure to pay Plaintiff for all of his services.

  5. Pursuant to § 448.08, Florida Statutes, Plaintiff is entitled to costs of the action and a reasonable attorney’s fee.

WHEREFORE, Plaintiff requests judgment against the Defendant for damages and prejudgment interest, together with costs of suit and reasonable attorney fees, and such other and further relief as the court may deem proper.

 

PLAINTIFF DEMANDS A JURY TRIAL ON ALL ISSUES SO TRIABLE.

 

Respectfully submitted,

 


Michael Massey

Florida Bar No. 153680

Massey & Duffy

855 E. Univ. Ave.

Gainesville, FL 32601

(352) 374-0878