Legal Question in Employment Law in Georgia

sales commissions not paid

Chinese company with owned corporation in U.S. and Georgia office.Owes me commissions earned and not paid.Made an offer for the trademarks i own and Commissions,was not the correct amount and they wanted to sign saying i would never sue them or my LLC would not ever include them in any further debt if found later.I said no and they refuse to pay.How do i sue without it costing more then the 86,000 they owe.

Is there a georgia labor board i can go to?


Asked on 2/26/09, 5:24 pm

3 Answers from Attorneys

Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: sales commissions not paid

There is a Georgia Department of Labor, but I doubt they will get you the results you are looking for. They mainly handle claims where there has been a clear failure to pay someone's base wages. Your matter sounds like it is more complicated than that. It is often possible for an attorney to negotiate a satisfactory settlement on your behalf without the necessity of litigation. If you are interested in discussing this further, please call me at the number listed in my profile below. I would be happy to give you a free consultation.

This response is for informational purposes only and does not create an attorney-client relationship.

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Answered on 2/26/09, 11:46 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: sales commissions not paid

Have an attorney send a demand letter for the outstanding commissions. If they don't respond favorably, speak to an attorney about pursuing a claim and determine whether you would rather pay an attorney by the hour or on a contingency basis (or combination).

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 3/02/09, 4:28 pm
Jeff Kent Kent & Merritt, P.A.

Re: sales commissions not paid

I agree with Mr. Fidion that the Georgia Department of Labor will not be much help. They are generally concerned with cases where workers do not receive minimum wage, not these larger cases.

That being said, unless you work with a large law firm with sky high rates, you should still be able to litigate (if it needs to go that far) for significantly less than the amount you believe is owed you. Some attorneys are also willing to work on a blended rate (reduced hourly and reduced contingency) so you are not out of pocket as much. You may even be able to find an attorey who will work on straight contingency.

I do a great deal of this kind of work, and as long as the claim is legitimate and the company has the ability to pay, these cases are worth pursuing.

Feel free to contact me if you have additional questions.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

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Answered on 2/27/09, 8:41 am


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