Legal Question in Employment Law in California

Hired as Independent Contractor..Sales

Hello and Thank You..I was Hired as head salesman for a Dairy here in California. I was Hired at $2,500.00 per week.My Job discription was to Hire other sales people, and bring in sales of Cheese products to restaurants, stores and any company that would buy our Products.I had worked for this Company since May 30th 2006 to July 14th 2006. During this time, I hired People to do our jobs.In the Intrem, the Dairy was hit with Major Setbacks. After the Second week of working, the Dairy was going through a process with the F.D.A. for finding a Lot..of bad cheese..this product was tested positive for Listeria..So, for approx. 5.5 weeks, we had inspectors in and out of the Facility.The owner, had pulled all of us ie...Sales people and anyone there, to clean up the Facility as well as help cutting and packaging cheese purchased from another Company..Needless to say, we had sales, but not a product to send out...The F.D.A. had the Dairy, throw out Most of everything that was in stock, and taken to the dumps. By the first week of July, the Owner had to lay off or fire as many people as he could, to cut back on costs..I had worked their for 7 weeks @ $2,500.00 per week.I have only been payed, $2,000.00 in total, out of a total of $17,500.00.


Asked on 10/09/06, 8:34 pm

3 Answers from Attorneys

Beth Mora Cooper & Mora, A Professional Corporation

Re: Hired as Independent Contractor..Sales

It appears you have a claim of unpaid wages under your contract. Of course you can contact the employer and check on the status of payment - but I assume you have already done so.

I suggest you contact counsel in your area to proceed with a legal claim. You will need a copy of your contract agreement with the employer, copies of any payments you did receive, copies of any time sheets and e-mails about payment if you have any.

Should you wish to discuss the matter further you are welcome to contact our office or an attorney in your area. Best of luck.

Sincerely, Beth Mora

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Answered on 10/24/06, 5:33 pm
Terry A. Nelson Nelson & Lawless

Re: Hired as Independent Contractor..Sales

file your claim for compensation with the Labor Commissioner.

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Answered on 10/24/06, 7:30 pm
Claude Manookian Claude M. Manookian, Esq.

Re: Hired as Independent Contractor..Sales

You need to file an initial DLSE claim. However, since there are penalties that can be added on to your claim, It would be to your benefit to contact an attorney in your area.

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Answered on 10/24/06, 9:28 pm


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