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Independent Sales Rep suing former Emplyer

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rcsmith09

Junior Member
What is the name of your state (only U.S. law)? Hawaii

I was an independent, commissioned based sales representative for a soap company here in Honolulu. I worked for the company for about one year. I had one account in particular that started to really grow over that period of a year. We had a HUGE order come in during the middle of February. In March they said they didn't need my services any longer - since I am a 10-99 employee I always understood this could happen. They are now dragging their feet on paying me for the large February order.


Typically I get paid after they get paid which is usually net-30. Since I was let go before I could verify they had been paid I cannot guarantee for certain (although I do have a year long payment history from them with no problems) that the customer paid for this order. I have copies of all my emails going back to the beginning of my employment with the company. The total amount owed is about $1000. Any suggestions on how I should proceed? If it gets to small claims does my case look good?

Thanks in advance!

Ryan
 
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OHRoadwarrior

Senior Member
Without a record subpoena to prove your case, you really have no way to guarantee anyone who can/will verify this will show up to represent the company. Iwould not waste my time over $1k.
 

Zigner

Senior Member, Non-Attorney
What does your written contract state with regard to commissions that are only due after your contract has been terminated?
 

Zigner

Senior Member, Non-Attorney
Just because it needs to be said:

There is no such thing as a "1099 employee". You're either an employee or a contractor. Have you confirmed with your state's labor board and/or the examined the federal rules to determine if you are, in fact, a contractor?
 

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