Legal Question in Civil Litigation in Florida

I am a travel agent, an independent contractor. Due to family circumstances, I advised the agency owner in November 2017 that I was going to pause new bookings, work my current clients and let life settle down. Agency owner accepted my request, and did not remove my access to vendor logins, my access to the agency secret group on Facebook, etc. All was well. Yesterday, when I attempted to input new bookings in the database, I discovered I’d been locked out. The agency owner became irate, said I had no contract, that she terminated it 1/1/18 and therefore all bookings made since 1/1 belonged to her, not me. She gave me two options - cancel the reservations (pricing increased, no availability) or walk away from them. But in either case, I would not recieve the commission I am entitled to ($2000, approx). Agency owner never advised my contract was terminated, and I never resigned. Since I still have booked clients who havent traveled yet, it makes zero sense she would terminate my contract for purposes of errors/omissions insurance at the very least.... and now my commissions for ALL bookings aren’t protected, either. I am being forced now to relinquish all bookings to another agent, who agreed to send me a small cut of commission. Can I rightfully send a letter to all my clients advising them of a contract dispute with my agency, that it was now out of my hands and as a result, they have a new agent? I’m just at a loss what to do, and really frustrated about having the rug pulled from under me.


Asked on 4/01/18, 11:57 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

This is not the forum to answer such a question. The underlying contracts and communications back and forth which may create a novation or amendment of the underlying contract must be reviewed. Seek some legal guidance to get a handle on what you can do.

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Answered on 4/01/18, 12:05 pm


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