My question involves business law in the state of: Florida
Hello. In 2002, I signed an "Independent Contractor Agreement" with News-Journal Corporation(NJ) to be "responsible for the delivery and sale of the Company's newspapers through newsstands and retail establishments in the area of primary responsibility known as Route # (I left out the number for this post)." NJ had not contracted right to collect sums owed to me from my customers.
The area included a Wal-Mart Superstore(WM). I would create my WM bill from the number of papers I put into their store, minus those I took out, and charging WM for the difference times the price we charge stores. I took my weekly bill to WM, they submitted it to their accounting department, and eventually sent a check to NJ, which NJ then credited me FOR THE FULL AMOUNT I BILLED WM on NJ's bill to me.
In November 2007, WM "changed their method of payment to The News-Journal" per a written letter from one of the NJ managers. They now would use the services of The Nexxus Marketing Group, LLC (Massachusetts #743050044). The Nexxus Marketing Group(NG) specializes in scan-based trading(SBT). I was told by NJ not to give weekly bills to WM, give the weekly bill to NJ instead.
Ever since, WM's credits on my bill from NJ are short @ $30 per week from the amount I billed them for. This is over $8900. This is because NG only pays for those items scanned, leaving me to pay NJ for those 'stolen' a.k.a. 'shrinkage'.
My questions are these
1. Can I sue (and win) WM for the difference between what NJ credited me for and the amount I billed WM for? What would I sue them for?
2. Can I sue and win) NJ and WM in one suit? What would I sue them for? I only have a written contact with NJ, maybe an 'agreement showing formation in general' with WM.
3. Can I sue ( and win) NJ alone for unjust enrichment?
4. Can I sue ( and win) one of the three of them for 'tortious interference? Which one: NJ? WM? or NG?
Thanks for your help! I know I am long winded, but the devil is in the details...