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Winston Mortain
Winston Mortain, Lawyer.
Category: Legal
Satisfied Customers: 665
Experience:  27 years practice of law
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Im an actor in Illinois. I work as an independent

Resolved Question:

I''m an actor in Illinois. I work as an independent contractor. I was booked and worked a job through a talent agent in October 2007. The talent agent was paid the week of Dec 4 2007. I still have not been paid by the talent agent. Amount is $350.00. Is there a law in Illinois that is similar to the Minnesota law, where one can collect up to 3 times the amount due? How is the best way to proceed? I have heard that there are a lot of actors who are in the same situation with the same agency.
Submitted: 8 years ago.
Category: Legal
Expert:  Winston Mortain replied 8 years ago.

Normally there are laws like you describe benefitting employees, but I am not sure that any such laws favor independent contractors.

Although you worked through the talent agent, you may have a claim against someone else. You say you "worked a job through" the agent. Was this job with some other person or entity?

Customer: replied 8 years ago.
There are laws that specifically are for Sales Reps who work as independent contractors.Minnesota law protects sales men and commissions due them. It was a print job for the Horace Mann Corp. They booked the talent agent to find actors for the project
Expert:  Winston Mortain replied 8 years ago.

Ok, under the Minnesota law, if this had happened in Minnesota, you would not be protected anyway because it was an acting job, not a salesman job.

Have you considered contacting the Horace Mann Corp., telling them that the agency had not paid you, and requesting payment?

Winston Mortain and 6 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
My contract with the Talent Agent specifically forbids contact with the agency's client.
Expert:  Winston Mortain replied 8 years ago.
The agency has clearly breached the contract. They can't hold that against you.