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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

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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 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.

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