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Under labor law in New York, if an independent sales rep sues

Customer Question

Under labor law in New York, if an independent sales rep sues a business for commissions owed and wins does that person automatically receive double damages or is it up to the judges discretion. Also, if the business that lost that case can not pay damages in a lump sum but offers reasonable payments to be paid in full in one year and it is refused what recourse does the business have
Submitted: 2 years ago.
Category: Business Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
yes, I am still waiting for a reply.
Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  Legalease replied 2 years ago.

Hello there

 

Fran referred your question to me as I spent a number of years practicing in New York. Regarding the question of double damages -- the right to be awarded double damages is found in statutes in every state (there is no automatic right of the judge to award double the regular compensatory damages amount -- it is not within the judge's subjective discretion to do so unless there is a statute that states that he can do it). Typically, the statutes that state that double damages are available are consumer protection statutes -- and the wage payment statutes would not apply here because you are seeking commission payments as an independent sales rep (I assume you were not an employee -- if you were you could ask for additional punitive -- punishment -- damages)). Regarding the issue of making payments -- if a court orders payments then the plaintiff has no choice but to take those payments -- the court will ask for a financial accounting of the business to determine what the business can and cannot afford to pay to the plaintiff and will decide how much money there is to make payments. If there is a situation where payments are refused and the judge permits that, then the plaintiff can ask that bank accounts, stocks, business assets and equipment (anything that the business owns) be seized and turned over to the plaintiff.

 

--MARY

 

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Customer: replied 2 years ago.
Relist: Incomplete answer.
she didn't completely answer my question. I need to know if the law in NY states an independent sales rep that wins a lawsuit against a business for commissions due automatically receives double the amount he sues for and if that sales rep can refuse to take the amount he was awarded in payments
Expert:  MDLaw replied 2 years ago.
What part of your question did the previous expert now answer? I am reading her answer to you and it appears that she answered both of your questions.

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