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Retaliating against me

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  • Retaliating against me

    Help....

    I have been working a small company as an independant Sales Rep (contractor), but have always been treated as an employee. She kept promising me a contract but never gave me one, meanwhile my sales went on to build 80% of her customer base. I told her constantly she should be paying our taxes and salaries.

    The employer constantly supervises everything I do, she gets upset when I do not allow her to dictate my schedule and work from her office. She told me she would not allow me to work for other Companies and she insisted I use her Company business cards with her contact information.

    I did allow her to dictate me and everything was somewhat fine, I enjoy the sales project but she started to get angry at me when I stopped coming into her shop daily. When I explained to her that nature of the relationship of contractor vs employee she got upset and I discovered she had began a retaliation against me by taking my customer call ins, repeat business and referals and working on them herself. Then without warning she changed my commssion structure reducing my pay. She locked up my employee personell files and I other than embarassing calls to my customers I have no way of knowing how many customer orders she has not paid me on.

    I told her that I would have no other choice but to move my customer base to another company, and she insists that any customers that I brought in the second I brought them to her they were HER customers not mine.

    What can I do? Is there any way i can make her either pay me back salary or mawe sure she pays me my due commissions?

  • #2
    Did you sign a non-compete agreement?

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    • #3
      No, I did not sign a no compete

      But I have been in Sales in California for over 12 years (which is why I knew she shouldn't have been directing me as an employee) and even if I had signed a no compete, it would be invalid... California does not allow no compete.

      I either want my due commissions which she stole from me, by taking over my incoming customer orders & leads (which may be hard to prove) OR I want her to pay me a back salary.

      No contracts were signed though.
      Last edited by MaryAnn925; 01-04-2006, 11:55 AM.

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