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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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I had a month to month independent contract that was

Customer Question

I had a month to month independent contract that was automatically renewing every month with a 10 day out clause for both parties. I was paid a base compenstaion of $100,000 for the "Vp of business development/ sales" position. My last payment was made about 40 days ago. The employer is now telling me that I need to return the money I "took" becasue I did not bring in enought sales. I opend two accounts and have 4 more ready to close.
the agreement was never executed and neither party signed it. I tried to resign over the phone today and I as told I need to come up with a way to repay everything I was paid. I want to send a letter of resignation. Should I be worried about a lawsuit?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You should only be worried about a lawsuit if the IC contract specifically stated that you were only entitled to the funds if you brought in a specific number of accounts. Without a provision that dictated a specific outcome, they can't claim that you didn't earn the pay, as long as you were working towards the goal of developing accounts.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.