Are oral contracts enforceable in Texas? For example, if I verbally agree to perform work for someone for payment and then do it, I should not worry about payment? Or do I need to put everything in writing?
Generally, oral contracts are enforceable in Texas. Many people still operate on the handshake deal and agree to perform work for the payment. In the event that the other party does not pay you, you can file a suit for breach of contract or a sworn account. If the amount in controversy is less than $5000, you can sue in small claims court and represent yourself. For anything more complex, you should consult an attorney. And, by statute, reasonable and necessary attorney’s fees are recoverable.
My employer did not pay me all the commissions that I am owed. What should I do?
Before hiring an attorney and/or filing suit, be sure that your documentation is correct and your numbers fit the agreed upon formula for paying commissions. Once that is determined, I would suggest that you go to your supervisor and explain your situation. Depending on that outcome, you may try another supervisor and/or human resources. In addition, you should also consult your employee manual to determine if it addresses this situation and what you are supposed to do. If all else fails, you should discuss this matter with an employment attorney.
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
