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thecloser · Apr 22, 2009, 06:19 PM

Hi...

I worked as an independent contractor(fitness sales consultant) for a few gyms, ran by the same 3 owners. We had known each other about a year and it was my first attempt on working for myself, so there was no written contract formed, only expectations of salary, bonus structure, commission, and expenses written between emails. The first two weeks was a trial basis, and it went very good. I was paid on the day which we had agreed on. We all decided to keep going with it... reduced my commission structure a little bit, and upped the goal for me to reach because I greatly exceeded it and they had taken a big chunk of their money out. The last two weeks I doubled the goal, and now I am having a hard time getting the money owed. It has been a week since I was suppose to get paid, and one of the owners was rude to me on the phone despite the fact I had sold more personal training in one month than they had done in the 5 months since opening up. Please help me to decide what actions now need to be taken!! Thanks and sorry about the long explanation:)
J

Fr_Chuck · Apr 22, 2009, 06:38 PM

Contact some other gyms about working for them.

Sounds like these are not honest people, if they could afford a certain percent, that is their cost of business, they should not keep changing it and pay you.

You need as a contractor to send them a bill, if they don't pay you sue them.

Also if you have the people you sold to, you may tell the owners if they don't pay, you may have to change these people over to a new gym.

Woolierzulu · Jan 10, 2011, 12:10 PM

So when you work as an independent contractor, and you turn in contracts and checks with the contracts the only recourse is to sue in small claims court? And the labor board does not have any jurisdiction?

AK lawyer · Jan 13, 2011, 10:09 AM

Originally Posted by Woolerzu

so when you work as an independent contractor, and you turn in contracts and checks with the contracts the only recourse is to sue in small claims court? and the labor board does not have any jurisdiction?

An "independent contractor" is in theory not an employee, so one wouldn't expect the state department of labor (or whatever agency enforces employees' rights) to have any interest in this. However, depending on the local laws, they may be able to overlook this and proceed against the "employer" anyway. It wouldn't hurt to ask them.