Legal Question in Business Law in Arizona

Independent contractor with understated commissions

I terminated my indep. contractor relationship with a company. In the termination letter, I made it clear that they owed me commissions on the work I had produced for the next 90 days (the work I did produced medical claims that took up to and over 90 days to pay). The company did not pay a commission to me on the prescribed date, prompting a friendly letter stating that maybe I had been overlooked. After a second letter, I got a response from the company's lawyer stating that the company did not believe they owed me anything after my termination date and they were paying a disputed amount ''in the interest of settlement''. The first check, paid 41 days late, was less than half my projected commission. It is my belief that the company delayed billing on the claims I turned in to avoid paying the commissions due. Would I have a good civil case to contest that the commissions actually paid by the company were misrepresented if I can prove a regular and predictable commission payout over a 2 year period?


Asked on 11/26/02, 3:30 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Independent contractor with understated commissions

During the discovery phase of civil litigation you should be able to obtain the company records concerning your sales and billings/sales after you left, and calculate the commissions you are owed from those numbers.

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Answered on 11/26/02, 6:46 am


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