Consumer Law, Warranties Breach of verbal agreement between individuals

[Smurk4u2]

My friend recently approached me about driving a truck with him in a team operation. I was currently employed and he was unemployed. I have many years of experience, and he has 4 months. We talked about it for a while and agreed to commit to 8 months minimum, at which time he would have 1 full year of experience and would be able to go wherever he wanted if he wished to do so. We looked extensively for the right company and decided to hire with them. They offered us a $2500 sign on bonus(per person paid after 6 months), and the pay rate they offered paid me a $1300 a week gross. We went through the company orientation, received our truck, and went out on the road. Three weeks after having left home, we received our first dispatch home. We went to our homes and agreed to return four days later at 7am. When I returned, he had cleaned all his stuff out of the truck and left his truck key. He would also not return my calls. The company we hired on with would only employ teams out of our home area(Western WV...Eastern KY), so I was left trying to work something out with them. They looked for a teammate for me for about a week, but could not find anyone who lived close enough to me. I then had to return the truck. I hired with another company as a solo driver and had to go through another week of unpaid orientation.

From the time I received my final check from our team operation until the time I received my next check was three full weeks. He had caused me to miss two weeks of pay that would have been $1300 each had he honored his agreement. He also caused me to lose the $2500 sign on bonus I would have received had he honored his agreement. Altogether, he caused me to lose $5100.

Is our verbal agreement enough for me to pursue legal action against him for my losses or am I just out of luck?

 

[Michael Wechsler]

Verbal agreements are perfectly enforceable. For some reason many people believe that they have to be in writing. In fact, you have many pieces of written evidence that support your claim, including the agreement you both signed with the trucking company that makes it obvious there is a partnership. It sounds like you have a good case to take to small claims court - good luck.