Legal Question in Employment Law in Florida

non payment /withholding commissions

I am an independant contractor (agent)selling telecom services. For 5 years, I have received monthly checks for my residuals and commissions from this company without fail. We had an arrangement whereby I never would need to sign a non disclosure or a limitation of liability,non compete or contract of any kind. I was contract shy as I was in a lawsuit from a previous employer who failed to meet his obligations to me. The current company could not wait for me to sell their product and agreed that if I was contract shy, it was fine with them as the revenues I brought them were astronomical. Now, after 5 years and a huge base of customers, they sent a letter insisting I sign a contract which I will not do under any circumstances. This contract request was precipitated by a very bad relationship that had developed between the owner and me while we were once good friends. I no longer bring in new business. By law, can they actually stop paying me my monthly commissions and still keep the revenue? It's the same constomers month after month and I am paid residuals on their billing. I have emails confiming his word of everything I always received. Now he's trying to renege. With documentaion galore, do I have grounds for a lawsuit? Thx.


Asked on 11/13/06, 2:16 pm

1 Answer from Attorneys

Scott Behren Behren Law Firm

Re: non payment /withholding commissions

YOu may, but you really need to sit down with an attorney and go through the documents and legal issues. There may be certain legal issues such as statute of frauds that might create problems with your claims. If you want to call or e-mail me you can do that also.

Scott Behren

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Answered on 11/13/06, 4:39 pm


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