He not only fired me as a private contractor, also the whole sales crew,,,, He is keeping all of the commission on contracts we all signed!
2006-09-17 01:31:21 · 15 answers · asked by rodri72@sbcglobal.net 1 in Politics & Government ➔ Law & Ethics
File a wage clime against 'em in the state you are in.
2006-09-17 01:33:23 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Your question is almost impossible for answer, primarily because the laws vary state and you didn't specify where this incident occurred. Your are better off contacting a local attorney than listening to advice you receive in this forum.
I'm an attorney in California, so I can at least tell you how it might work here. Normally, an employee can sue for unpaid wages in court (small claims if the amount is less then $7500) or file a complaint with the Labor Board. An attorney is not necessary in small claims or at the Labor Board.
The California Labor Board does not have jurisdiction over payment disputes by independent contractors. I cannot tell from your question if you are a true employee or independent contractor. Because there are so many unanswered questions, you need to consult a local attorney.
2006-09-17 02:34:56 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Contact the Wage and Hour division of your Labor Board. Be prepared to have all records to prove your claim. If your claim is legitimate (in their eyes), they will investigate the ex-boss' records and make him pay you.
Depending upon which State in which you reside, you may have to have a written Contract for all of you or each of you.
Texas, for example, is an 'at will' State where employment is concerned; however, if all of you have a Contract with this ex-boss, he likely owes you the money.
You can also contact the Equal Employment Opportunity Commission. Depending upon *why* he fired you, you may well have a valid EEOC claim and they will assist you at no charge. That you are female may further your claim. What about the sales crew? Also minorities? (Minorities in business: women, anyone in their 40's and older, black; Hispanic, Asian and so forth; disabled; etc.)
Hiring an attorney for employment matters can be tricky business. As the other responder stated, they may charge a contingency fee; on the other hand, they may want you to pay cash up front with no guarantee of any recovery of those commission wages.
You might want to consider starting first with what does not cost you before proceeding with an attorney. Also, take the advice given you and all of you file for unemployment. All of you need to tell them that the ex-boss is withholding commission wages, too. Having a nice, solid paper trail is *always* a good thing in these matters. Anticipate that the ex-boss is going to counter-file a denial of the unemployment and you should all put your heads together and document any inappropriate behaviors, threats, or any other occurences that will help your cause when you counter against his counter-file.
I'm sorry so many people are out of work all at the same time. I wish all of you well. Good luck!
2006-09-17 01:52:14 · answer #3 · answered by just common sense 5 · 0⤊ 0⤋
If the money amount is low enough off you go to small claims court, find out what the max is in your state (here it's $5000.)
Each of you would have to sue individually, you can't sue on behalf of the entire crew. If it's over that and you have to go to a higher court, then consult an attorney first and see if it's worth it. Honestly, $10,000 in legal bills to get $10,000 in back wages?? The court should award you your legal costs if you win, but they don't always do that, ask your attorney that right off the bat.
Remember, judgments are only a piece of paper, you still have to collect the damn thing. If the company files bankruptcy and starts up under a new name, you're screwed for the whole amount. These builders do that all the time, it's a mess.
I would strongly suggest you get to this guy face to face and try to negotiate the money coming to you direct before going to court, you might actually see it then. Document everything you do in case you do end up in court.
2006-09-17 01:44:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Wait a year, then one dark and stormy night when he is leaving work, grab him. Take him to a spot where you can work unmolested, rip out his fingernails, one every 5 minutes. Then his toe nails. Then you beat his testicles with a wire carpet beater for 2 minutes and then remove the upper layer of skin from his hand all the while asking him if he had fun with your money. Then when he is a bleeding broken wreck, you start the mean stuff.
Or just get a lawyer to sue him. You might get the crew together and pickett the place, drive off customers. Put up signs near his house/pickett at the house. Follow his kids to school all the time ranting about their dad being a dikhead.
2006-09-17 02:00:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
SEE AN ATTORNEY
Depending on how much money is involved an attorney may take the case($5,000+). The attorney could detrmine ALL(breach of contract, wrongfull termination,etc) you have coming. The attorney would tell you if you should just go through your states dept.. the state dept will only get what you file for.
"The California Labor Board does not have jurisdiction over payment disputes by independent contractors"
But they will determine if you were CORRECTLY classified as one.
2006-09-17 03:21:02 · answer #6 · answered by joe916 3 · 0⤊ 0⤋
Consult an attorney and go to court. If you trurly did sign a contract he will be liable to pay you for it plus commission and interest earned not excluding the rate of inflation depending on your country law
2006-09-17 01:42:57 · answer #7 · answered by ngina 5 · 0⤊ 0⤋
Consult an attorney. Depending on how much money you are owed, the lawyer will probably get a 1/3 of the settlement but it may be worth it. Report your exboss to the labor relations board. Be prepared to be unemployed for a while. Write a book and get rich.
2006-09-17 01:34:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
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2016-12-18 11:46:17 · answer #9 · answered by ? 4 · 0⤊ 0⤋
File a mechanics lien on all the properties you were involved with in regards to your commision. The property owners will assure you are paid because they will not want a lien on their property. Let the property owners hire the lawyers, it will save you the expense. The property owners will hang that thief out to dry.
2006-09-17 01:43:34 · answer #10 · answered by Tim B 3 · 3⤊ 0⤋
Go the the Labor Board and report this.
2006-09-17 02:34:46 · answer #11 · answered by beez 7 · 0⤊ 0⤋