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    kikoalalily's Avatar
    kikoalalily Posts: 2, Reputation: 1
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    #1

    Mar 12, 2013, 12:35 AM
    Independent Contractor Not Paid
    I worked three days as an independent contractor in los angeles for a outside door to door sales job. The boss and I had a disagreement at the end of the third day and let me go. I had a base pay of 350 plus 100 for gas allowance each week plus commission. Since I did not make sales I expected the base to be paid minus thur and fri. I was not paid.
    (I sent in w9 and direct deposit info prior to starting as required and the deposit should have been posted tonight at midnight.)
    The contract only states info about how I am an independent contractor not an employee---The commission breakdown is on another sheet which does not have their company logo.

    The company is based in New Jersey.

    Should I get paid and if so how should I go about this?

    Can it be resolved through letters since I am far away?

    Is the commission paper proof enough?

    Could they sue me for any attorney fees they may acquire? I cannot afford an attorney.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 12, 2013, 01:52 AM
    You should get paid, I doubt you will. That is why they print material they way they do. Your only option is to try and sue them in court
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Mar 12, 2013, 02:34 AM
    Without reading the contract, we don't know what legal right you would have in court. Is there any fine print about base pay being contingent on at least one sale?
    I'm sorry you fell for a door to door sales job. People just don't open their doors anymore, much less buy anything. And the fight was probably pre-determined because you didn't sell anything after 3 days.
    Sure, you can sue in small claims where you were working. It might cost you $50 and you might win, and they still might never pay. You can file a complaint with the AG's Dept of Consumer Protection in your state, and NJ too. Check the state websites. That will probably result in nothing for you specifically, but if enough other people complain the AG will take action to shut them down. I've watched investigative shows on TV about some of them.
    kikoalalily's Avatar
    kikoalalily Posts: 2, Reputation: 1
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    #4

    Mar 12, 2013, 09:33 AM
    No small print about base being contingent on a sale. Inam calling today.
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