Latest Lists

Can you sue a company that hosted a contest that you won, if you were never given your winnings?

My wife entered a contest for an editor position with an online children's toy retailer. It was a position as a stay at home mommy editor. You had to submit a video and the top 20 people goes into the finals. Submit a second video and the top 5 videos won a position as an editor. The perks: a macbook air, $200 per month grocery stiffen, $200 a month towards your child's education, compensated $40 per hour for 4 hours of work per week reviewing toys that you get to keep. So, my wife was relentless in her pursuit of this prize and I was pretty excited myself. Well she wound up being one of the top 5 that were chosen as finalists. She got the job. They promised her and the other 4 moms a all expense trip to San Francisco to meet the owners and to be wined and dined. Shortly after that all hell seemed to break loose with the company. Apparently the contest was a tactic to raise awareness of the company, they were about to receive there next round of funding and apparently THEY DIDN'T GET IT. My wife got a company email that that no one else would get paid but if she wanted to stay on and volunteer her time she could. To this day she received one pay check for about $100.00. She never got the macbook air, no grocery stiffen, no money for our kids college fund, no communication from the company in over a month. Yet they still have her photo on their website as being a winner. They are still using her for their publicity, and they are still posting new toys on their site everyday as if nothing has changed. We don't want to be whistle blowers and defame their character publicly, but we do want some form of justice to be served. So, my question is, what is their legal obligation to fulfill their promise based on my wife being chosen as one of the top 5 winners. Should this be a cause for us to pursue a law suit against them? Thanks for the reply "A Hunch" Here is the "Offer of Employment" agreement that she signed. Copied and pasted from the agreement: -------------------------------------------- On behalf of (the “Company”), I am pleased to invite you to join the Company as a Mom Editor, reporting directly to the Chief Marketing Officer. You will be classified as a regular, part-time, non-exempt employee. In this position, you will be expected to devote your time, attention and energies to the performance of your duties with the Company. The first day of your employment with the Company will be May 23, 2011 or such other date as you and the Company mutually agree in writing. The terms of this offer of employment are as follows: 1. At-Will Employment. You should be aware that your employment with the Company is for no specified period and constitutes “at-will” employment.As a result, you are free to terminate your employment at any time, for any reason or for no reason. Similarly, the Company is free to t Oops I didn't paste everything. Lets try that again starting at the terms: The terms of this offer of employment are as follows: 1. At-Will Employment. You should be aware that your employment with the Company is for no specified period and constitutes “at-will” employment.As a result, you are free to terminate your employment at any time, for any reason or for no reason. Similarly, the Company is free to terminate your employment at any time, for any reason or for no reason. We request that you give the Company at least two (2) weeks’ advance notice in the event of a resignation. 2.Compensation. As an employee, you will be eligible to receive certain employee benefits and compensation, listed below.You should note that the Company may modify salaries and benefits from time to time as it deems necessary. (a) Hourly Rate of Pay.The Company will pay you at the rate of forty dollars ($40.00) per hour, payable in accordance with the Company’s standard payroll policies, including co Ok for some reason it keeps cutting off my additional details. I will list them each below, in separate additional email posts: 2.Compensation. As an employee, you will be eligible to receive certain employee benefits and compensation, listed below.You should note that the Company may modify salaries and benefits from time to time as it deems necessary. (a) Hourly Rate of Pay.The Company will pay you at the rate of forty dollars ($40.00) per hour, payable in accordance with the Company’s standard payroll policies, including compliance with applicable withholding. (b) College Fund Contribution. In addition to your hourly rate of pay, the Company will provide you with a monthly payment of two hundred dollars ($200.00) to assist you in saving for the college education of any of your children.This payment will be payable inaccordance with the Company’s standard payroll policies, including compliance with applicable withholding. (c) Grocery Stipend.In addition to your hourly rate of pay, the Company will provide you with a monthly stipend of two hundred dollars ($200.00) for groceries.This payment will be payable in accordance with the Company’s standard payroll policies, including compliance with applicable withholding. (d) Annual Vacation Package. Upon your first anniversary of employment, you will be eligible to receive an annual one-week family vacation package.Your travel package will include travel, lodging and food for a family of up to four.The Company will provide the destination and travel package options for you to choose from. Employees will select from one of the options provided by the Company. Please note that, as a part-time, non-exempt employee, you are not eligible for participation in the Company’s Paid Time Off program. (e) Benefits.During the term of your employment, you will be entitled to the Company’s benefits covering employees at your level, as such may be in effect from time to time. 3.Stock Option Grant.If you decide to join the Company, it will be recommended at the first meeting of the Company'sBoard of Directors following your start date that the Company grant you an option to purchase Two Thousand (2,000) shares of the Company's Common Stock at a price per share equal to the fair market value per share of the Common Stock on the date of grant, as determined by the Company's Board of Directors. 25% of the shares subject to the option shall vest 12 months after the date your vesting begins subject to your continuing employment with the Company, and no shares shall vest before such date. The remaining shares shall vest monthly over the next 36 months in equal monthly amounts subject to your continuing employment with the Company. This option grant shall be subject to the terms and conditions of the Company's Stock Option Plan and Stock Option Agreement, including vesting requirements. No right to any stock is earned or accrued until such time that vesting occu

Public Comments

1. Did she sign any paperwork? If you signed paperwork that said she was "guaranteed" this you might be able to sue. - It sounds like they considered her an employee and her position was eliminated. She can ask to have her likeness removed from their website. If they ignore her request, she can sue. Biggest problem, you can get money from a turnip. Add'l Info: 1. Per the Offer of Employment (an Offer of Employment is not a contract) She was an "at will employee" they can change her employment status for any reason at any time. - they laid her off from her regular parttime employment status. 2. Compensation & Benefits = the company can modify her comp and benefits at any time. - Again, they did this. But to me, there is actually room to sue depending on when the layoff notice was dated. If the lay off was dated after June 23rd, she worked a month and should get the educational money & grocery stipend for the month. Also, any more hourly wages she earned while employed. - For this money, I think she should be able to file a claim with the state of California Wage & Hour board. http://www.dir.ca.gov/dlse/howtofilewageclaim.htm I don't know how the computer would be handled since it's not listed in the Offer of Employment. This is what I would suggest - file a claim with the state. It takes a few minutes to complete the paperwork. Depending on the situation she could get up to 3x her due wages. - I would include the laptop in the claim. The State can remove it, if they want but you won't get the money if you don't. - The California Department of Labor Standard Enforcement takes the claims seriously. I believe they really do try to mediate each situation. For me = if they can't help I would drop it because the stress would not be worth escalating it. - If they file bankruptcy, I don't know if the state can help or you need to go through their bankruptcy trustee.
2. Stop going to court for stupid reasons.