Legal Question in Business Law in New York

sales commission owed

I have been working for a s.corp that hired me to sell & design for clients.After doing this for 3 months, they came to me & said they couldn't pay me the comm., but would like me to continue working and the monies owed me would be applied toward buying into the co. after speaking with an attorney I was told it would not be in my best interest...I continued working and finally told them I did not want to go into business and wanted my money, I was told they would pay me but it would take time, I hung in there and they closed the store. I sent a letter to them as well as their attorney and they are ignoring it. They gave me merch. at approx. $10,000. but still owe me $32,000.00. I still have not heard anything no response other than the signature of the certified letter I sent.

Is there any recourse with the Labor Board or what is your suggestion.

Thank You. CK


Asked on 2/19/05, 9:09 pm

3 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: sales commission owed

Time for a lawsuit. Based on the amount, it needs to be in Supreme Court, if they are NYS company. You can file suit in Wiite Plains but I strongly recommend using an attorney.

Good Luck

RRG

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Answered on 2/20/05, 1:12 pm
William Frenkel Frenkel Sukhman LLP

Re: sales commission owed

If this company has not filed for bankruptcy protection yet and still has assets to satisfy your claim, you may want to consider a civil lawsuit. What may help you get more leverage in negotiations (if you get to discuss a settlement with them) is that ten largest shareholders of a New York corporation are personally liable for unpaid wages (assuming you were an employee and not an independent contractor and that your commissions constitute "wages" under NY Business Corporation Law). You should discuss your case with a commercial litigator.

This reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 2/20/05, 12:09 am
John Friedman Law Office of John K. Friedman

Re: sales commission owed

Note that if you were indeed "hired" as opposed to "contracted" (i.e. if you were an employee and not a contractor/vendor) then the owners of the firm may be personally liable for unpaid wages.

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Answered on 2/21/05, 9:42 am


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