I was terminated by the company I worked for and they didn't pay my commissions on the jobs I turned in. They said since they weren't completed then I was not going to get paid. I get paid 50% of the gross profit on each job. They paid 10 and the last two they did not. My defense was that they have no documentation of terminating me so the issue is "when" I was terminated. Provided the court a copy of a check that I picked up from a client 40 days after I was supposedly terminated which would show that they indeed owe me may commissions because I had not been given any written notification of my termination. The judge permitted the check as evidence. He did not make a ruling and asked for me to provide the information that was asked for on the memorandum the defendents attorney signed and I did also. I told me I had to turn in the reply immediately, but I cannot determine what he is asking for me to put into that reply in terms of format.
A: Okay, here's an example
of the sort of language you could use:
Plaintiff's Proposed Findings of Facts and Conclusions of Law and JudgmentFindings of Fact
The court hereby finds the following:
1. Plaintiff was employed by Defendant from ??/??/???? through ??/??/????.
2. Plaintiff's employment contract
with defendant required payment of 50% commission on the gross profit of each project that Plaintiff procured for Defendant.
3. Plaintiff was not paid according to the employment contract on the following projects: [describe each project, i.e., customer, date of contract
, amount of contract, summary of goods or services]Conclusions of Law
Based upon all of the foregoing facts, the court hereby concludes that Defendant has breached its employment contract with Plaintiff in the amount of $_______.
The court hereby enters judgment for Plaintiff in the amount of $ ______, plus costs in the amount of $ ______ [note: this is the sum of all of your various filing fees paid to the court in pursuit of judgment], plus interest payable at 9% per annum commencing at the date of entry of judgment
Hope this helps.