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All Business
All Business, Attorney
Category: Business Law
Satisfied Customers: 847
Experience:  27 years of business experience with accounting and law degrees
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i am a floral designer i was just laid off,my former ...

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i am a floral designer i was just laid off,my former employer & i had a verbal agreement that i would be paid a commission on the weddings i booked for her now she is saying shes not going to pay me for those weddings comming up in the future.what can i do about this & also 2 of the accounts have contacted me and want to use me at my new job as a vendor for their brides are there any legal repricussions for this there are no contracts signed with them,me or her
Submitted: 8 years ago.
Category: Business Law
Expert:  All Business replied 8 years ago.

thanks for the question.

as far as the verbal agreement about the commissions, you certainly have a claim and can sue for those commissions. as you can imagine, verbals are harder to prove than written but it would be an easier process to prove if you had regularly received commissions in the past and can show eviedence of that fact and of the fact that it is part of your compensation structure.

as far as the clients contacting you directly, unless you have a non-compete clause, you can absolutely work with them. even if there is a non-compete, there is a good chance that would be rendered null and void upon your being laid off and, if you are in California, it would be null and void anyway as those agreements are genraly not enforcebale in CA.

all in all, unless you present additional facts that change things, you should pursue a claim against your employer for the commissions and ABSOLUTELY work with clients. it may be a great way to start your own business!!!

good luck!


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