needadvicenfla
Junior Member
What is the name of your state? Fla
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.
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.