I recently left a job position on June 2nd of last month. While I was under employment with them, I was provided a benefit as a part of my compensation. The benefit included my number be added to and covered under their cell phone business plan. While under the plan, I made 1 upgrade to my phone, which I paid the full $200 for the phone. When I left the company, I requested consent to take my number off of their plan to my own plan with a carrier of my choice. That request was approved.
Since I left, they have incurred an early termination fee from their mobile service provider as a result of my phone being removed from the account. Last week, they sent a text message to me stating for me to give them the amount of the fee so they can pay the mobile service provider. I declined because I feel this was a benefit that they provided, and they should accept the risk.
I did not sign any contract or make any verbal agreement with them to pay any termination fees. They never told me during or prior to receiving the benefit that I would be liable to pay any fees. I was never made aware of this when I accepted the benefit.
The amount of the fee is $330.74 so I believe if this went to court, it would go to a small claims court.
If this did go to small claims court, what are the chances the court ruling in my favor?
Thank you in advanced.
Answered on: 7/03/13, 6:50 am by David Slater
Sounds like you have a valid defense.
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David P. Slater, Esq. 5154 Windsor Parke Dr. Boca Raton, FL 33496► Other answers from this attorney