Need Advice in Florida...

[needadvicenfla]

What is the name of your state? Florida

I am an independent contractor that was hired to perform a service. Because the company is a start up there has been constant and sweeping changes since its inception but now we've come to the end of our "season" results have not been what they "the company" expected. They promised me an annual salary plus commission. Since some of my accounts did not come in as they expected, now they want me to pay back some type of monetary compensation to the company. The biggest mistake is that all of this was done verbally, nothing in writing. There's a lot with this situation but, this is my concern. Last month on my scheduled pay day, I went to my office and I didn't see my check in my box. Everyone else's paycheck was available in their boxes. I was getting ready to leave the office so I decided to leave a not for the Pres. of the company that I was leaving. When placing the note on his desk, there was an envelope sitting there and when I looked at it, it was my check. I took it and left. The envelope was sealed.

Now because of us no longer doing business, the company now want to claim that I stole the check and threatening me with filing a police report even though I left a note that I had taken it and even though they honored the check at the bank. I feel they are doing this to try and justify with their board that I alone am the reason for their business not doing well. They are also trying to hit me with fraud because in my capacity as a sales person for them they claimed that I told some of my clients that they can return some product when in actuality they couldn't. This is not a policy in writing but a verbal policy they said they implemented with us (independent contractors) and they claim to have signed affidavits from other company personnel to that affect.

Can anyone tell me, does this hold up, the theft and the fraud. I can get signed affidavits to the contrary about the no returns but what about the check? Please advise.

 

[outonbail]

I was getting ready to leave the office so I decided to leave a not for the Pres. of the company that I was leaving.

Huh? Is this something you would do on a regular basis, leave a note saying your leaving? I assume your were saying you were leaving for the day, not for good?

When placing the note on his desk, there was an envelope sitting there and when I looked at it, it was my check. I took it and left. The envelope was sealed.

How did you recognize your check in a sealed envelope? Was this envelope on his desk or in his desk? Why would you look at anything sitting on his desk anyway?
Or, as it sounds, were you searching for this check where you had no right to be and so you came up with the "leaving a note" excuse for having found your check?

There's more to this story than the finding your check while leaving a note coincidence. You may as well post the truth as no one can provide you with accurate advice when you post facts twisted around to make your actions sound innocent.

Not to mention the fact that your credibility takes a plunge when you do this......

 

[seniorjudge]

What is the name of your state? Florida

I am an independent contractor that was hired to perform a service. Because the company is a start up there has been constant and sweeping changes since its inception but now we've come to the end of our "season" results have not been what they "the company" expected. They promised me an annual salary plus commission. Since some of my accounts did not come in as they expected, now they want me to pay back some type of monetary compensation to the company. The biggest mistake is that all of this was done verbally, nothing in writing. There's a lot with this situation but, this is my concern. Last month on my scheduled pay day, I went to my office and I didn't see my check in my box. Everyone else's paycheck was available in their boxes. I was getting ready to leave the office so I decided to leave a not for the Pres. of the company that I was leaving. When placing the note on his desk, there was an envelope sitting there and when I looked at it, it was my check. I took it and left. The envelope was sealed.

Now because of us no longer doing business, the company now want to claim that I stole the check and threatening me with filing a police report even though I left a note that I had taken it and even though they honored the check at the bank. I feel they are doing this to try and justify with their board that I alone am the reason for their business not doing well. They are also trying to hit me with fraud because in my capacity as a sales person for them they claimed that I told some of my clients that they can return some product when in actuality they couldn't. This is not a policy in writing but a verbal policy they said they implemented with us (independent contractors) and they claim to have signed affidavits from other company personnel to that affect.

Can anyone tell me, does this hold up, the theft and the fraud. I can get signed affidavits to the contrary about the no returns but what about the check? Please advise.

You have asked this question three times....

 

[needadvicenfla]

Yes Sir,

I did post this three times, I just really wanted some advice, if I violated anything on this site, I apologize. But I always left things on his desk from reports to forms and anything else. I had just spoken 30 minutes earlier and he would meet me in the office. I had been there, it was the end of the business day, really past the end and I had to leave. I was leaving him a note when I saw the envelope sitting on his desk. When I saw it was my check, I picked back up the note and wrote that "I also got my check off his desk." have a good weekend. That's the story.