Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida
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City official sues for breach of contract

A former official of an American city is suing her former employers as an extension of a lawsuit she is filing against the city auditor.  The former deputy chief administrative officer responsible for finance and administration filed her initial suit earlier in the year but since amended it on Nov. 20 to include breach of contract. This case may be of interest to Florida residents in similar positions. 

The complaint centers around a controversy which began when she left her position in May. She has contended that she is entitled to be paid for 50 percent of her accrued sick leave that she collected between the years of 1981 to 2000. According to her representation, the city has an "implied" contract to provide those hours as creditable service as it relates to her retirement benefits. 

This comes hot on the heels of her initial filing, which accuses a former coworker of defamation related to the larger controversy regarding creditable hours. She is seeking over $10 million in damages in total. The case is set to be overseen in court on Dec. 19 of this year. 

Implied contracts, as Florida business owners are well aware, can be logistically problematic when a breach of contract suit is brought to bear. Any ruling will have to be backed up strongly by documented evidence lending credence to the idea that such a contract existed. If such evidence cannot be presented in a compelling way, the breach of contract suit could be dismissed. It remains to be seen how this business law dispute from Richmond, Virginia will be decided.  

Source: timesdispatch.com, "Former Richmond official suing city for breach of contract", Graham Moomaw, Nov. 25, 2014

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