Legal Question in Employment Law in California

contract and wage violations

On 3-6-97 I intered into a contract partnership with a comp. out CA. to start a new comp. I was to be paid a salary plus commissions & bonuses. They agreed to have this new comp. set up in one month. It never happened. I began working for them out of CA. operating under their comp. and had a amex c.c. from them. I was paid partner draws. I resigned on 1-15-98 because I wasn't being paid comm. I filed a law suit 3 yrs. ago & the defendants admit they didn't pay me my comm. & taxes but say they didn't pay me because I didn't turn in my final expenses & had unmerrited expenses. I have sent them copies of the expenses they claim they never got. At no time before or after my employment did they inform me I wouldn't be paid if this criteria wasn't met. My ? is am I a partner of the comp. in CA. & am I still a partner because there was never a winding up of the partnership. Can I file a claim with a wage & hour board to collect on commisions,wages, & taxes that were withheld. Can they withold paying me even though they never informed me comm. wouldn't be paid for these reasons. It wasn't until I sued them did they claim I wasn't paid for these reasons. Can I file criminal charges for fraud against them.


Asked on 2/14/01, 6:10 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: contract and wage violations

You omitted a lot of information which is needed to provide a complete answer. What happened with the lawsuit you filed 3 years ago? The results of that lawsuit will probably govern what happens with the rest of your claims.

Whether or not you are a partner may depend on the language of the partnership agreement. Partners in California are not generally entitled to workforce services benefits since they are owners, not employees.

You cannot file criminal charges for fraud, but you could make a complaint to the local police authority. You should also complain to the Ca. Attorney General's Office of Consumer Affairs. You may want to file a complaint with the Utah Attorney General as well.

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Answered on 3/29/01, 10:05 am


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