I was an independent contractor for a roofing company, I was their sales manager. When a male sales rep made crude sexual comments to a female rep, I reported it to the company. The said the as long as the male rep was bring in good money, they didnet care what he did. I said I could not enforce that policy an dwould have to leave. The owner said it was difficult having a female sales manager anyway, that women were too hard to deal with. The owner told me that I would receive my full commissions and receive my override pay in full. We had a dissussion about a perticulat project today (all over email - in writting), The owner became enraged and has now sent me a legal document for me to sign, it states that I will only receive my sales commissions and that "these commissions are more than I am due", and it states that I cannot be covered by any thing such as sexual discrimination etc. I need a good lawyer!! Dawn
State/Country relating to question: Minnesota
The company is organized under Texas laws and I worked for them in Colorado. I have not tried anything so far, but I have proof that they said they would pay me in full for my commissions and overrides.
Depends on what you want... Do you want paid to date and to leave? Or do you want to pursue a state or federal sexual harassment claim, and possibly receive more? A local lawyer who handles these cases is your best guide. (You can try the matching link at http://www.romingerlegal.com/attorney to find a local lawyer) I would meet with them before I sign anything... As you may waive all your rights to pursue a claim if you do.
I just want my commissions and overrides, and I dont want ot say that they gave me more than I deserve, and it seems CRAZY to waive my rights. I need a lawyer to get them do what they promised dont I? I am a person with standards - I left over someone elses sexual harrassment! I dont want to make a huge dea of this, but I guess I may have to right? I dont have much money, is this going to be expensive?
You lawyer will have to negotiate for you to get eh overrides... since they are not offering them.. BUT a lawyer could cost several hundred dollars, or much more (thousands for litigation) so if the amount of the overrides is less than $500.00 it might not be worth pursuing.. HOWEVER, you should still get a local sexual harassment lawyer to evaluate your claim, as it might have value far in excess of what your are owed....ALSO here is a good read that will help you with your options - http://www.mncasa.org/documents/svji_fact_sheets/Sexual%20Harassment.pdf
Thank you so much, it was nice, especially at this hour, to have someone to talk to. I wish you were local! Have a good night!
JD, 10+ years experience, Small Business Owner
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