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I was an independent contractor for a roofing company, I was

 
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  • Answered by:PA_Employment
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Customer Question

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

 

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State/Country relating to question: Minnesota

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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.

Submitted: 1028 days and 1 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED
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Expert:  PA_Employment replied 1028 days and 1 hours ago.

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.

Customer replied 1028 days and 1 hours ago.

 

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?

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Expert:  PA_Employment replied 1028 days and 1 hours ago.

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

Customer replied 1028 days and 1 hours ago.

 

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!

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Expert:  PA_Employment replied 1028 days and 1 hours ago.

THANK YOU!

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: n/a
Accepts: 3
Answered: 7/23/2010

Experience: JD, 10+ years experience, Small Business Owner

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