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Commisioned salesman termination Wisconsin

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  • Commisioned salesman termination Wisconsin

    I was employed as a commisioned salesman for a roofing company on a 1099.
    I sold some jobs, a week after closing the deals and getting down payments for the jobs they let me go. They told me that I would recieve the balance of my commision after the jobs were completed and paid for. They let me go months ago and they tell me that none of the jobs are done and they have not been paid.

    Are they required to pay me the balance upon termination or can they hold my final payment. Im considering legal action in small claims court.

    Also I was on a 1099 but everything they did as far duties etc, they did as if I were a employee. Reporting to work at a certain time everyday, required to use their company trucks, required to wear their company uniform, keeping all records and specifications on their company computers, all phone calls to customers were required to be from their company phones, I considered hiring my own secretary due to the massive amounts of data entry they were having me do. I was told at a sales meeting that no one could hire their own secretary. I was required to attend sales meetings twice a week which consisted of 4 hours each meeting and required to be there at those meetings by 9 am on time or I would be charged a penalty for being late. On several occasions there was no company truck for me and I had to either go home or sit and wait for a truck which caused me to be late to several appointments with customers.

    Seems I was more of a employee than a subcontractor.

    Im considering legal action on my pay not recieved and on the grounds I was a employee and not a subcontractor.

    Now months since they let me go and nothing.
    Last edited by nosman; 01-26-2009, 08:04 PM. Reason: None