I responded to a Craigslist ad to sell Comcast products (X-Finity) through a local subcontractor. The ad called for a $1,000.00 “sign on bonus”. I was awarded the contract, signed it and began selling product. I sold four deals my first week. I Inquired as to when I would receive my “sign on bonus”. I was then told that I would have to sell “five or ten or something like that”. Since that time I have sold a total of eight and don’t want to work for these people any longer. They’re holding out on the bonus. I cannot find my contract to see what it says specifically in regards to this. Not sure if it matters.
Are they obligated to provide me with a copy of the contract?
Does it matter, considering the ad stated a “sign on bonus” not a “performance bonus”
Will this yield results in small claims court?
Am I within my legal rights to ask for triple damages? How realistic is this?
1 Answer from Attorneys
The contract always matters. If you have exhausted all efforts to locate it, you can (and should) ask the other party for a contract as well as an explanation on why the bonus is not being paid.
Lots of variables then enter into the analysis. If the ad (please be sure to copy this) offers a "signing" bonus and the contract says something different, then that might well constitute a Ch.93A violation (unfair and deceptive business practices); simply failing to pay it is less clearly a violation. You should consult with a lawyer before making any demand under Ch.93A for multiple damages.
Related Questions & Answers
What's the best type of business insurance for a home-based Web Design Company... Asked 2/19/16, 11:39 am in United States Massachusetts Business Law