Requested unpaid commissions...then no work!

[Area 52]

California

I requested unpaid commissions from past sales, unpaid car allowance, unpaid cell phone expense and unpaid tollroad transponder expenses, which are all covered under a signed compensation agreement. I have worked for this employer for 2 1/2 months only. He stated he has paid all commissions, but said he will not continue to pay for company related expenses (listed above). I informed him that until I am paid, I cannot take any sales leads as I cannot afford to float the expenses anymore. He informed me that I am insubordinate and have abandoned my job. He told me to continue to work and would provide me with sales leads for the next day. I said I would, but he has not provided any work for me in the past 2 days. It appears that I have been constructively terminated for his failure to provide me with work. I have all transaction records of my sales activity, expense reports submitted and also the documentation "spreadsheet" he provided to me showing he has paid all commissions and auto allowance due. However, his documentation provided to me compared to my latest paystub sheet that shows earnings/car allowance earned and paid definitely conflicts with his spreadsheet.
Now, I am not working and do not know my status. I must assume he doesn't want me to work for him any longer.
I have been told by others that I should file a complaint with the Labor Commissioner to collect unpaid wages and expenses and also to determine if he has retaliated against me for complaining about unpaid back earnings.
Any opinions?

 

[JETX]

"Any opinions".
*** Yep. First thing you need to clarify is whether you are an independent contractor as your post implies, or a direct employee. The processes and protections of each are completely different.

For example, if you are an independent contractor, your only recourse for breach of contract is as stipulated IN the contract (arbitration, etc.) and/or legal action.

However, if you are in fact an employee, contact the state labor agency about the issue of earned and unpaid wages. They will NOT get involved in the issue of unpaid expenses or commissions!! You will have to pursue those separately, likely through the courts.

"I must assume he doesn't want me to work for him any longer."
*** Sounds like that is a good assumption.