Legal Question in Employment Law in California

Re: Stolen Accounts

Mental anguish, NO. But, if they refuse to pay what is actually due, you can bring suit or a claim with the labor commissioner. It may pay you to have an attorney review your case, and make a demand on the company. If he can settle it quickly, you're better off than spending time and money in legal action. Contact me if interest in doing this right.

Re: Stolen Accounts

First, your statement that your tax status is that of a 1099, indicates that you are treated as an independent contractor, not an employee. While it is possible you may truly be an indepedent sales agent, the laws are very strict in this area and there is a good chance you may have been misclassified. If so, the employer may have violated state and federal laws. If you are properly treated as an independent contractor, you cannot go to the labor commissioner, you can only sue in court for unpaid commissions.

Second, commissions are subject to the terms of a contractual agreement. That is the most important factor to consider in determining whether you are owed commissions. If the contract is vague or does not even exist, past practice and policy is considered, as well as the degree of involvement you had in procuring the sale. The more involvement you had with the account, the more likely you are entitled to the commission.

You should prepare a detailed breakdown of all the accounts you are claiming and meet with an experienced labor law attorney in your area to review your claims. Your options can then be mapped out for you to determine the best course of action for you to take.