Legal Question in Employment Law in California

commission

We filed H1 with INS for work permit for a potential employee and was approved, the person did not want to leave US for visa so he could not get social security number. As we could not pay him, he contracted himself thru a third party, to sell our products. We signed Independent Contractor Agreement with this third party. We let him come in our office to use our phone and fax equiment, and he represented himself on our behalf. last year he made a sale that resulted in $20,000 commission, before we could pay his contractor, his customer claimed that products we supplied are non-functional. he never showed up in our company again. now he is claiming the unpaid commission when it's still pending products return status unsolved. if we pay and customer end up return the products, can we get our money back paid out to his contractor? how? If he hires lawyer on his behalf, do we need to respond to their correspondence? Please reply with your rates so we may prepare to retain your service. Thanks for your time and response.


Asked on 3/29/05, 5:43 pm

1 Answer from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: commission

Since you have signed the H1 paperwork..you are obligated to pay him the preveiling wage for the period of time he was emplyed with to...the arrangement you did with the third party was not proper either. Please e-mail me directly!!!I am not sure who told you that he could not get a social security. With the approved I-94 someone cen get SSN. Only person who needs to go outside the US who wants to get their passport stamped!!!

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Answered on 4/10/05, 11:11 pm


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