Energy Savers, Inc. – Breach of Contract, Unpaid Wages, Breach of Oral Contract.

Energy Savers, Inc. – Breach of Contract, Unpaid Wages, Breach of Oral Contract.

Unpaid wagesIN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA

LOU IANNAZZI,

Case No.
Plaintiff,

-vs.-

ENERGY SAVERS, Inc.

Defendant.

COMPLAINT AND DEMAND FOR JURY TRIAL

1. This is an action for damages which exceed $15,000.00.
2. The unlawful employment practices and breaches of contract alleged below were committed in Brevard County, Florida.
3. Plaintiff, LOU IANNAZZI, is a resident of Brevard County, Florida.
4. Defendant, ENERGY SAVERS, INC. (hereinafter referred to as Defendant) is a Florida corporation, doing business in Brevard County, Florida.
5. Plaintiff was employed by Defendant as President of Defendant corporation.
6. In consideration of Plaintiff’s employment with Defendant, Plaintiff was to receive a salary of seventy-eight thousand dollars ($78,000.00)
annually.
7. Defendant was to compensate Plaintiff by paying Plaintiff’s salary in bi-weekly installments twenty-six (26) times per year.
8. The principals of the Defendant corporation which included Plaintiff, agreed that portions of Plaintiff’s compensation, and Vice-President of Defendant, would be deferred in order to ensure adequate funding for the salary of Doug Smith, a newly hired Vice-President of the Defendant corporation.
9. It was agreed by the parties that the deferred amounts of Plaintiff’s and the Vice-President’s salaries were to accrue year to year, and were to be paid to them at a later date so that the principals of Defendant corporation would be paid equal salaries.
10. There remains unpaid deferred compensation owed by Defendant to Plaintiff.

COUNT I
UNPAID WAGES
11. Plaintiff realleges and incorporates the allegations set forth in paragraphs 1 through 10 as if fully set forth herein.
12. At all times it was agreed and understood by the principals of Defendant corporation that the deferred portions of Plaintiff’s salary would constitute unpaid wages until received by Plaintiff.
13. Plaintiff has notified Defendant corporation of the amount of unpaid wages owed to date and has demanded payment.
14. Defendant corporation has failed and refused to pay Plaintiff his earned wages.
15. This action is for unpaid wages brought pursuant to Section 448.08, Florida Statutes, and Plaintiff requests the court to award his costs incurred in bringing this action and his attorney fees.
WHEREFORE, Plaintiff prays for judgment against the Defendant for damages, including costs, attorney fees and interest.

COUNT II
BREACH OF CONTRACT
16. Plaintiff repeats and realleges the allegations set forth in paragraphs 1 through 10 hereof as if fully set forth herein.
17. The Plaintiff and the Defendant corporation entered into a written contract for compensation of the Defendant corporation’ s principals, including Plaintiff, for their employment with the Defendant corporation. A copy of said contract is attached as Exhibit A.
18. In connection with the foregoing contract, the bargained for consideration was Plaintiff agreeing to defer his salary in exchange for assurance of adequate funding to pay the salary of Doug Smith, a newly hired Vice-President of the Defendant corporation.
19. Plaintiff has performed all conditions precedent prior to bringing this action.
20. Defendant has failed and refused to pay Plaintiff in full for Plaintiff’s work with Defendant corporation.
21. Defendant owes Plaintiff one-hundred and five thousand, one hundred and twenty-two dollars and seventy five cents ($105,122.75) that is due with interest since March 22, 2001.
WHEREFORE, Plaintiff demands judgment for damages against Defendant, together with interest and the costs of this action.

COUNT III
BREACH OF ORAL CONTRACT
22. Plaintiff, realleges and incorporates herein paragraphs 1 through 10 of this Complaint as if fully set forth herein.
23. The Plaintiff and the Defendant corporation entered into an oral contract for compensation of the Defendant corporation’ s principal officers, including Plaintiff, for their employment with the Defendant corporation.
24. In connection with their oral contract, the bargained for consideration was Plaintiff accepting deferment of his salary in exchange for assurance of adequate funding for the salary of Doug Smith, a newly hired Vice-President of the Defendant corporation.
25. Plaintiff has performed all conditions precedent prior to bringing this action.
26. Defendant has failed and refused to pay Plaintiff in full for Plaintiff’s work with Defendant corporation.
27. Defendant owes Plaintiff one-hundred and five thousand, one hundred and twenty-two dollars and seventy five cents ($105,122.75) that is due with interest since March 22, 2001.

WHEREFORE, Plaintiff demands judgment for damages against Defendant together with interest and the costs of this action.

COUNT IV
QUANTUM MERUIT
28. Plaintiff realleges and incorporates herein paragraphs 1 through 10 of this Complaint as if set forth in full herein.
29. Plaintiff performed the duties of President of Defendant corporation in a professional and competent manner in exchange for an annual salary of seventy-eight thousand ($78,000.00) dollars, portions of which were deferred, thereby conferring a benefit upon Defendant corporation.
30. Plaintiff performed these duties at the instruction, assent and request of Defendant corporation which received the benefits of Plaintiff’s services and deferment of portions of Plaintiff’s salary throughout Plaintiff’s tenure, for the benefit of Defendant corporation.
31. The deferred portions of Plaintiff’s salary amount to one-hundred and five thousand, one hundred and twenty-two dollars and seventy five cents ($105,122.75) which reasonably represents the value of the benefit conferred on Defendant corporation by deferment of payment of a portion of Plaintiff’s salary.
32. In the ordinary course of common events, a reasonable corporation receiving the benefit of such professional and competent services and having the payment of a portion of the full salary of a Vice-President deferred for the benefit of the corporation, would reasonably expect to pay the deferred amount in full.
WHEREFORE, Plaintiff demands judgment for damages against Defendant, together with interest and the costs of this action.

COUNT V
PROMISSORY ESTOPPEL
33. Plaintiff realleges and incorporates herein paragraphs 1 through 10 of this Complaint as if set forth in full herein.
34. Plaintiff detrimentally relied on promises made by Defendant corporation that Plaintiff’s deferred salary would be paid.
35. At all times material hereto, Defendant corporation knew that Plaintiff was relying on its promise to pay the deferred portion of Plaintiff’s salary.
36. Defendant corporation should have reasonably expected its promise to induce Plaintiff’s reliance and thereby cause Plaintiff to continue performing the duties of President of Defendant corporation while deferring compensation.
37. Performance of this promise is necessary to prevent injustice.
38. The deferred portions of salary promised to Plaintiff but not paid by Defendant corporation amount to one-hundred and five thousand, one hundred and twenty-two dollars and seventy five cents ($105,122.75).
WHEREFORE, Plaintiff demands judgment for damages against Defendant, together with interest and the costs of this action.

COUNT VI
UNJUST ENRICHMENT
38. Plaintiff realleges and incorporates herein paragraphs 1 through 10 of this Complaint as if set forth in full herein.
39. Plaintiff performed the duties of President of Defendant corporation in a professional and competent manner in exchange for an annual salary of seventy-eight thousand ($78,000.00) dollars, portions of which were deferred, thereby conferring a benefit upon the Defendant corporation.
40. The Defendant corporation requested the deferment of portions of Plaintiff’s salary, or knowingly and voluntarily accepted the benefits of Plaintiff’s services and deferment of portions of his salary, throughout Plaintiff’s tenure for the benefit of Defendant corporation.
41. The deferred portions of Plaintiff’s salary amount to one-hundred and five thousand, one hundred and twenty-two dollars and seventy five cents ($105,122.75).
42. It would be inequitable for the defendant to retain the benefit of the deferred portions of Plaintiff’s salary without paying for the value thereof.
WHEREFORE, Plaintiff demands judgment for damages against Defendant, together with interest and the costs of this action.

DEMAND FOR JURY TRIAL

Plaintiff demands a jury trial on all issues herein triable by jury.
DATED this _____day of August, 2001.

________________________
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
W. John Gadd, Esquire
Florida Bar No. 0463061
WAYNE L. ALLEN & ASSOCIATES, P.A.
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681

Attorney: Maurice Arcadier
Status: Closed
Date Filed: 08/27/2001

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