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Owes $4200.00

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K

klpierce

Guest
What is the name of your state? California

My previous employer owes me about $4200.00. I have requested it several times and even tried to make a deal with him for less money. I want to take him to small claims but I need proff that he owes me the money. I was in real estate and I was to be paid 50% commission on the deals that I did. So I need to get the address and phone numbers of my old clients, but how do I do that? The company isn't going to give them to me! Also, one of the owners of the company sold me a car. It was in her name not the companys name, but when they paid me part of the money they owed which originally was about $9800.00 they took money out saying I owed them for the car. I have the pink slip to the car and don't owe them anything, how can they just take that money out of my check? And am I allowed to charge a penalty to them for making me wait such a long time to get money that is owed to me? The labor commsioner in my state won't help because I was paid as an independant contrator, which is a whole other issue because I was an employee not an independant contractor. My biggest issue is how do I get them to give me the information I need to prove those were my clients?
 


JETX

Senior Member
Q1) "My previous employer owes me about $4200.00. I have requested it several times and even tried to make a deal with him for less money. I want to take him to small claims but I need proff that he owes me the money. I was in real estate and I was to be paid 50% commission on the deals that I did. So I need to get the address and phone numbers of my old clients, but how do I do that?"
A1) Didn't you maintain your own records of sales, etc. until commissions are paid??? I would assume that was the LEAST you would do. In any case, you can file the lawsuit first, then subpoena the records.

Q2) "Also, one of the owners of the company sold
me a car. It was in her name not the companys name, but when they paid me part of the money they owed which originally was about $9800.00 they took
money out saying I owed them for the car. I have the pink slip to the car and don't owe them anything, how can they just take that money out of my check?
A2) You say the purchase price was "about $9800.00". Don't you know the EXACT purchase price??? And the fact that you have the pink slip does nothing to prove that you're paid in full, or that you are not. What does the WRITTEN sales agreement say about sales amount and how much DID you pay? As for the 'paycheck', were you a direct employee (with paychecks, benefits, etc.) or were you an independent contractor (paid commissions). If an employee with paychecks, the employer cannot deduct from your pay without your express permission. If an independent, then you do not have the protection of the labor laws and would fall back to whatever agreement you had in place for the deduction (or to a lawsuit).

Q3) "And am I allowed to charge a penalty to them for making me wait such a long time to get money that is owed to me?"
A3) If you were to file a lawsuit, you could ask for pre-judgment interest, but it would be up to the court to decide if allowed or not.

Q4) "The labor commsioner in my state won't help because I was paid as an independant contrator, which is a whole other issue because I was an employee not an independant contractor."
A4) Well, there is the clarification to my answer above!!

Q5) "My biggest issue is how do I get them to give me the information I need to prove those were my clients?"
A5) See A1.
 
K

klpierce

Guest
Is it that simple

First off the dollar amount of commission was never concrete until the deal closed, so the exact commission wasn't that simple to track. Not only that,,I did keep approximate figures but they will not let me get to my personal stuff(guess I should of kept a seperate file elsewhere, easy to say in hine sight, especially because I trusted these people because they were my relatives, Pretty sad huh?, but a good lesson learned!) Usually I was able to see the commission check when it came in but of course now they aren't going ot show it to me. Also, the point of getting evidence was just so my employer couldn't say that these were his clients and not mine. There really isn't anything in writting to prove whose clients they were or who initiated the sale. Also, the car I bought was for $3800.00 and I paid it off. I was trying to explain that originally they owed about $9800.00 in commission and when they went to pay me they took money out saying I still owed them for the car. As far as sales agreement in writting ,,there was NOT one!
 
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