then they had to make up the diffrence. can i go back the two years that i worked there and make a claim for the weeks i only brought hom a hundred or two? has anyone ever heard or delt with this?
2007-10-17 07:02:20 · 5 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Administrative and Office Support
i talked to the department of labor and they were the one who advised that they have to pay at least 5.85 The company does take out taxes and the department of labor as well as an attorney said it is a law to make at least mimimun wage unless you are a subcontractor which i wasn't. to the paralegal, do you know about noncompete agreements, can you be forced to signed one, then forced to resign
2007-10-17 07:28:58 · update #1
Talk to a lawyer....
2007-10-17 07:09:50 · answer #1 · answered by durtyboyz2005 3 · 0⤊ 0⤋
You've already talked to a lawyer and the department of labor. Based upon their answers, yes, you can go back the two year.
As far as the noncompete clause, I wouldn't sign one.
Many states have laws that are very lame regarding protection for employees from unreasonable firing or forcing an employee out. My state is an "at will" state, meaning you can be let go for any reason, or no reason at all.
A company can just say "You're done, get out" and you would have no recourse. If you sign the non-compete clause, you may very likely be forced out.
You may be forced out anyway, but at least you'll still be able to do what you are doing now for another company.
Good luck.
2007-10-20 14:10:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Were you an employee, or an independent contractor? If you were an employee you might still be able to collect the additional amount - if you were considered independent, minimum wage doesn't apply.
Did they take taxes out of your paychecks? If so, you were an employee - if not, you most likely weren't.
Many companies paying employees commission allow a "draw" against commissions - under that plan, you are usually getting paid the required amount each week even if in some weeks, you don't make any or enough commission.
2007-10-17 07:11:39 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
Who told you this? If you work on 100% commission and you were told that you would be paid by commission only when you accepted the job, your employer has no obligation to "make up lost wages." There is no Federal or state law I know of that requires employers to pay you at minimum wage for jobs where you earn commission. Before you make a claim you had better be 100% sure you can be compensated in such a manner, and I'm 99.9% sure you can't.
2007-10-17 07:12:38 · answer #4 · answered by Anonymous · 1⤊ 0⤋
If you signed 1099 with that company you are self employeed. Which means that you are on your own.
2007-10-17 07:16:45 · answer #5 · answered by Exporter 2 · 0⤊ 1⤋