Legal Question in Business Law in California

Compensation dilemma

A number of years back, over maybe a 1 1/2 yr. period, I sent a bunch of valuable information (clippings, trade news, catalogs of things he was interested in, etc.) to a midwestern businessman who apparently benefited form it, but was never compensated, other than receiving a couple of books worth maybe $25 (which I had to request). I had also told him I was down on my luck. I eventually tired of not being rewarded for my efforts and stopped the mailings. Months later, even though he knew I was in straits, he wrote hinting he wanted more free info--which I ignored. Being somewhat obvious that he benefited from my,unfortunately undocumented, efforts, I was thinking of asking him for $8000-$12000 and if he refuses, writing his associates telling them he's a ''skunk.'' Would there be any legal problems in doing this? I--name removed--also concerned about the way I might be paid, as I became sick, had to go on disability and if I--name removed--issued a 1099, that they'll kick me off ''the dole'' before my health returns...Is it possible to ask for this money in the form of a gift or something else? Thank you for your help.


Asked on 10/02/02, 11:06 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Compensation dilemma

Unsolicited items give no obligation to the recipient, including no obligation to send them back. Unless you had a contract otherwise, he's not a "skunk."

If you did receive compensation from him, it would be reported as income and would probably trigger ineligibility if you're on SSI. He is free to give you a gift, but this would also likely trigger ineligibility.

If the "clippings, trade news, catalogs of things he was interested in, etc." were indeed worth $8,000 to $12,000, you may want to ask for them back. Again, he's under no obligation to do so if they were unsolicited, but he may do so nonetheless.

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Answered on 10/02/02, 11:37 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Compensation dilemma

More likely than not the businessman has no legal obligation to pay you; volunteered services and unsolicited merchandise do not give rise to a payment obligation. However, there is a slim possibility that, if the facts show some encouragement or solicitation on the part of the businessman, you might be entitled to the fair value of the services rendered and/or the materials furnished under the theories of 'quantum meruit' for services and/or 'quantum valebat' for goods furnished. Explaining these concepts is a bit beyond what can be done on a bulletin board, but perhaps you can research these legal principles on line and see if either fits your facts.

I recommend avoiding denouncing the businessman to anyone; this could be slander or libel and you could be sued.

I agree with the prior answer on the tax and 'dole' aspects of your question.

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Answered on 10/03/02, 11:57 am


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