Legal Question in Business Law in California

Online Company Refuses to Pay Employee

I work for an online website/network. They gave me my own site which is essentially just a sub portal of their own site. There was no signing of any formal documents or any other formal legal agreements made when they gave me this site. The way i get paid is simply by getting people to sign up for my site. As of now my boss owes me 1000.00 dollars. However, the income that these clients have produced for his company does is less than the amount that he owes me. He now refuses to pay me anything and is forcing me to accept a new payment plan if i wish to continue. How can i get my money?? whats the legal term for this? Should i sue?


Asked on 3/27/06, 7:30 pm

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

Re: Online Company Refuses to Pay Employee

You talk about your "boss," but it really doesn't sound as though you're an employee. Instead, it sounds as though you have a contract with them, albeit an oral contract, in which case your remedy is to sue for breach of contract. Based on the amount in question, the suit should be filed in small claims court.

There may be additional facts which would lead to a different conclusion, i.e., that you are an employee. That seems rather doubtful, but you might want to contact the California Dept. of Industrial Relations - Labor Standards Div. to ask whether any of their rules were violated.

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Answered on 3/28/06, 1:59 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Online Company Refuses to Pay Employee

There may be an issue as to whether you are an employee or private contractor. Certain criteria determines the status. If you are an employee then the Labor Commissionor may colect with penalties. Call me directly at 16192223504.

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Answered on 3/28/06, 5:07 pm


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