Legal Question in Employment Law in California
What now?
I worked for a loan office, selling mortages, from home. They gave me a computer and agreed to pay for my phone bill to make calls to customers. But, the phone bill would be under my name, not theirs. After some months, they didn't pay for one phone bill, resulting in my phone line getting temporarily disconnected. I finally decided to cancel my phone service after a few months that this company failed to pay the bill, thus terminating my employment there. Furthermore, I was responsible for paying the final month of phone service. During my time working, I successfully closed one deal. Now they want the computer back. I want the money I fronted for the phone bill, in addition to the commission paycheck for the deal I closed.
- There was nothing written on their part or mine about the terms of use of this computer.
- I do still have their computer somewhere around here.
- I was never paid for the one deal I did close.
- I paid for the last month's phone bill, which they were supposed to pay.
- THere is a possibility that they expected me to work from home so I could be paid ''under the table,'' but i am not sure, since I never got paid.
My Question: Do they have a case to sue me? Do I have a case to sue them?
2 Answers from Attorneys
Re: What now?
While they have the right to ask for their equipment to be returned, you have the right to payment on your phone bill and, dependent on your employment agreement, your commission on the "sale." Stand firm on requesting payment before returning their computer.
Do you have ANYTHING in writing from this company as to the terms of your employment? THis will assist in determining how or where to go from this point. I would appreciate knowing which company this is as there may be many more people who have been left in the same position in which you find yourself.
Please call me for further assistance.
(800) 447-5549
Re: What now?
If the phone line and use was required to perform your work, you are entitled to reimbursement for your expenses. Since the employer provided a computer, it seems logical that the phone line in which it is plugged must also be provided.
As to your commission, if your portion of the deal was complete, you are entitled to your commission.
The mortgage business is full of shady operators. They often hide behind independent contractor agreements and demand arbitration of disputes. You may want to secure counsel to handle your claim.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
