Legal Question in Employment Law in Washington

Employment question

I have worked for a company for the last three years, part of that time on salary, part of the time commission. While on salary they have missed payroll on several pay periods ( all employees as well), making me wait up to 4 weeks once. They also have not paid me commissions due dating back to late 06 and early 07. Around $10,000 +-. So, two part question, #one, besides a relatively benign L&I filing, what other options do I have for collection AND #two, recently I vented to a customer about the situation in some detail (all factual with copies for proof) and it got back to the owner. Could I be held legally liable for damages etc? Looking for a good employment law attorney as well. Thank you in advance.


Asked on 1/14/08, 2:03 am

1 Answer from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

Re: Employment question

To answer question one, other than turning to L & I, the only means I know of for collection is by private action. Presumably you have already asked to be paid. Next step would be to hire an attorney to pursue your claims for you. I am assuming you can show that you did the work and you can show that an agreement existed as to salary rate and/or commission. As an intervening next step, I would also urge you to find another job, first. Working for an employer that you are taking legal action against is never pleasant and has no long term promise.

To answer question two, as far as mentioning the situation to a customer, truth is a defense against defamation. However, I would urge you not to do that again. Your employer is probably not paying you at least in part because he does not have the money. Driving his customers away will make that situation worse and make it harder for you to collect. Also, if you decide to get a job elsewhere, having a reputation for badmouthing your present employer is not likely to help, even if the employer richly deserves it. Finally, while truth is a defense, you still do not want to have to go through the legal hassle of defending yourself.

As far as finding an employment law attorney, I do not know of one in your area (I checked the zip code), but the best way to find a good attorney is to ask another attorney. If you know an attorney in your area that handles any field (family law? personal injury? DUI defense? anything!) ask them for a referral to an employment law attorney. Lawguru may also have listings.

Good luck!

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Answered on 1/14/08, 11:27 am


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