Legal Question in Employment Law in Colorado

Dear Sir/ Madam:

I was employed by a company in Denver company for over 11 years. In which I worked myself up to an executive salaried employee. At the end of last year I was informed that my compensation would be drastically reduced making it unable for me to meet my financial obligations so instead of taking tyhe advice of the CEO and filing bankruptcy I resigned in January,. At this point the CEO made me a 1099 contractor and we agreed upon a commission based structure which I honored.

The sales that I made for the company prior to 1/15/09 I verbally agreed that the company could deduct this from my salary from 10/15/08 to 1/15/09 and any sales moving forward would be strictly commissioned through the end of the 1099 contract.

As of now the company owes me over $13,000 based on both the verbal agreement and the written contract. The CFO is now not honoring these contracted and verbal agreements. After the 1099 contract terminated on 4/15/09 I have moved to Florida to start my own business that is not related in any way to what I did for 11 years.

Please give me advice on how I should proceed.

Thank you,

Mark Schmidt


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

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

You first need to provide the written contract to an attorney. If you have earned the commission under the terms, then those are due. As to the oral agreements, that is more problematic. Do you have any written evidence of those terms? Where is the CEO that entered into these terms?

Contact an attorney to advise you.

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Answered on 8/12/09, 3:56 pm


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