Legal Question in Business Law in California

Breach of Contract - Damages? Continued

The Calif. state labor dept. said that I was an independent sales rep, not an employee. Therefore, they are unable to help me because they only assist state employees. They said that I will have to take him to court to sue him for my commissions. Please note: that when my former boss terminated me, he did not pay me my earned vacation wages. Therefore, I took him to the labor board for unpaid vacation wages, interest & penalties. At that time I asked if I could get my commissions, & that is when the labor commissioner said that I was considered an indpnt rep. & will have to sue him in court for my commissions. When at the hearing, my former boss admitted he did owe me money for my commissions & when asked why he has not paid me he sat there with his mouth open. He has willingly & knowingly failed to pay me. He has had every opptnty to send me a check, but he has not made any effort. I, in good faith attended the sales event despite the fact that he did not sign a contract with me & made him alot of money. He has not once ever acted in good faith towards me by compensating me by paying me my commissions. He knew I was working for compensation, he has acted irresponsibly & negligently. He has obviously breached our verbal contract.


Asked on 12/16/04, 6:22 pm

5 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breach of Contract - Damages? Continued

Now you have to make a tactical decision whether to sue in Small Claims or Superior Court. Small Claims is a lot faster and generally cheaper but the most you can sue for is $5,000 plus costs. So, if you're owed $7,000 (for example), you're probably better off going to Small Claims without a lawyer than the other route, which would suck up the $2K in fees real fast. You can either buy or borrow a self-help law book on small claims procedure or rely upon the local court's small-claims advisor.

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Answered on 12/16/04, 7:46 pm
Larry Rothman Larry Rothman & Associates

Re: Breach of Contract - Damages? Continued

It sounds like a case in which you can recover for breach of contract. If the amount is less than $5,000, you should go to small claims court. If the amount is more than $5,000, please call us.

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Answered on 12/23/04, 7:54 pm
Terry A. Nelson Nelson & Lawless

Re: Breach of Contract - Damages? Continued

If the amount of unpaid compensation is enough to justify hiring an attorney, feel free to contact me. Otherwise, you can file in small claims court for up to $5000.

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Answered on 12/16/04, 9:41 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Breach of Contract - Damages? Continued

Well, how much does he owe you? That pretty much determines the case. Was there a transcript at the hearing? I'd look at the contract which I am presuming you have. The cases say the timing of the commissions earned and other factors need to be litigated, but usually you can recover some or all of commissions after a fight. You may contact me.

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Answered on 12/17/04, 3:15 am
Michael Olden Law Offices of Michael A. Olden

Re: Breach of Contract - Damages? Continued

Well, why don't you just sue him !!! And I suggest, based upon your question you hire an attorney to help you.

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Answered on 12/18/04, 11:30 am


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