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unpaid commission for independent contractor

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  • unpaid commission for independent contractor

    My husband worked as a independent contractor for a carrier company last year. The carrier company deliver the lost or delayed luggage for the airline company, they pay 50% of service charge as commission.

    After first month, they asked my husband to be a supervisor in charge of weekend (Sat. and Sun), the company will pay 4% of the total service charge for supervisor commission and his delivery commission. It is stated that they will pay 4% for supervisor commission in the contract, but they did not give a copy of the contract to my husband. They promiss they will pay when airline pay them, but the fact is they never pay on time. My husband never know how much supervior commission he should got because they never give a payment detail.

    Without notice, they termernal the contract when my husband keep asking the supervisor commission in Oct.15, 2007. At that time, my husband still had some BODs on hand. (The BOD is the ticket for delivery, the driver turn in the BOD with customer signature then they will billed to airline. Without BOD, they can't get money from airline.) My husband contacted with the owner of the carrier company( he is living in NC, we are in Dallas). We send all the documents to him which show how much got paid and the detail of how many delivery my husband had done. As our caculated, for all the BOD which already turn in, the company own my husband more than $800 for the delivery commission and they didn't pay a cents for the supervior commission yet. After the received all the document, they never mention the supervior sommission, just keep asking the BODs which my husband still hold. In the email exchange, he ignored my husband's supervisor commission question on purpose, just threat that he will report my husband as a theft if did not turn in the BOD, and the police and their board will arrest my husband......, my husband offer if he give a formal statement which will state he will pay the supervisor commisson then we will turn in the rest BODs, since then no any response.

    last Sunday my husband got a letter from his lawyer, asking about turn in the BODs or they will take a legal step. The owner also send a email to my husband said he already report my husband to police, and police will arrest my husband. Here is the email:

    >>>>>>>>>
    If you don't turn in your BDO's we will have you arrested for theft. These are our property. The police have already been notified and your arrest is coming soon. We will also take legal action against you for your actions. We don't know how much we owe you until we receive your BDO's. I suggest you turn them in so we can settle this matter. We have avoided having you arrested up 'till now, however, you leave us no choice. You time is short. Once you are arrested, it's too late to make a deal.
    >>>>>>>>>>>

    My husband keep thoes BODs for self protect, he don't have the copy of contract, thoes BODs at least can prove he had worked for the company. Now we are seeking the airline's help, the general manager agree to supply the billing report, so we can know how much the supervisor commission should be. It looks the carrier company will not pay, so my husband decide to sue him in small court.

    I really need someone can answer my several question,
    1, The police will arrest my husband just because the company report him as a theft, is this reasonable?
    2. The carrier company claim the BODs was their property, is that right?
    3. except to go to court, any advice?

    I am a stay home mom right now, having a 9 month baby. We really don't want put ourselves into this trouble, we don't have much money to hire a lawyer, any advice will be deep appreciated. Thanks!!!!!!!!!!!!!

  • #2
    Xerox the BODs at Kinkos and turn them over. What good are they doing in your hands? Technically they are property of the company and technically he could be arrested for not turning them over. Plus, how does he expect to get paid without the company receiving these? Why make this more difficult than it has to be? Just copy them if you must and send them on as requested.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      The reason for holding the BODs is my husband try to make a deal with airline company who may will help solve this problem. By the way, we don't think they will pay when they got the BODs, they just want have their money. They stated they already paid every penny, but not willing to show the record. For the 3 month, all they keep asking was the BODs, never mention supervisor commission at one time. Those BODs worth $2400, we are afaid that they will never settle this thing after they got their money.

      Thanks for your reply! My husband was a independent contractor, not a emplyee for the company. Those BODs should blong to him too, am I right? You mean technically, the police will arrest someone if a company just said something, I thought just judge can issue the arrest, correct me if I am wrong.

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      • #4
        No being a contractor does not mean the BODs are his. No, a judge isn't required before an arrest can be made.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          Do my husband have the right toask for his contract copy with this company. We keep asking them to send the contract copy they just refuse to do so. We really need the contract right now before my husband go to small claim court. Do we have any way demand the contract copy?

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          • #6
            He can ask but the only way to ensure you get it is by subpeona which requires a lawyer. Before you make it ugly and start suing, you better make sure your side of the street is clean. Translation- you have turned over everything that you are required to turn over and are in compliance with the terms of the contract yourselves.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment

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