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Collecting 1099 Commissons California

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  • Collecting 1099 Commissons California

    I worked for a Colorado based mortgage company as a W-2 employee until April 2008. I decided to pursue a relationship with a different company and being an at will employee, I gave notice. I have approximately $27,000 in commissions that are being withheld. I've been promised time after time that things would get settled. I'm concerned about their viability and need to take some action to protect my interests. I have two questions 1) if they are found to be liable, what are their damages? 2) What course of action should I pursue?
    Last edited by Joe Conrad; 09-03-2008, 05:29 PM. Reason: Better description

  • #2
    California ovetime lawyer

    Did you perform all or substancially all of the work to complete the loans?
    Walter

    www.Collectovertime.com

    Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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    • #3
      Yes, I did all the work

      I found the clients, selected the loan programs, processed the files. So, the answer is an unequivocal yes. I did all the work, I just used their resources.

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      • #4
        California overtime lawyer

        You will need to hire a lawyer to file a lawsuit, or travel back to California and appear in front of the labor board. In light of the industry yes, you may wish to move quick. Another idea is to try to get a lawyer to send a demand and mediate and settle the claim. If a small firm, have the lawyer examine 558 (a) of the labor code for individual liability.
        Walter

        www.Collectovertime.com

        Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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        • #5
          I live in California

          I operated a branch office for them. All the revenues were derived by my loan commissions. As I said earlier, I was considered a W-2 employee. Are there damages over and above the comissions that are owed? I remember something about treble damages for non payment of wages, but don't know if this applies to commissions as well.

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          • #6
            Originally posted by Joe Conrad View Post
            I worked for a Colorado based mortgage company as a W-2 employee until April 2008. I decided to pursue a relationship with a different company and being an at will employee, I gave notice. I have approximately $27,000 in commissions that are being withheld. I've been promised time after time that things would get settled. I'm concerned about their viability and need to take some action to protect my interests. I have two questions 1) if they are found to be liable, what are their damages? 2) What course of action should I pursue?
            Joe I suggest talking to a lawyer about what you may be owed so he/she can dig into the specifics.
            Walter

            www.Collectovertime.com

            Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

            Comment


            • #7
              What about filing a claim

              with the labor board?

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              • #8
                http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Thank you very much

                  Last question, do you know if there are damages beyond just collecting was not paid?

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                  • #10
                    You can request late payment penalties in your claim.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      labor code 203 penalties (one days wage for each day not paid; up to 30 days)
                      Walter

                      www.Collectovertime.com

                      Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                      Comment


                      • #12
                        http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm
                        "Reality is that which, when you stop believing in it, doesn't go away".
                        Philip K. **** (1928-1982)

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