Hi, I am back again, My apologies for the interruption, but there is no way to stop the computer from installing a "Windows update", or ask that it be done later, it just gives you a few minutes notice to save whatever it is you were doing, then goes ahead with its own agenda.
In asking questions, the secret is to never ask a question unless you already know the answer. So to continue with the questions I started before which should be posed to your former colleague, (The Washington Revised Uniform Partnership Act, the "Act" , Section 25.05.005 defines a "Partnership" as
"...an association of two or ore persons to carry on as co-owners of a business for profit.........."
Therefore, you could ask the following
4. What do you claim you owned with me ?
5. In what capacity were you hired by (Name of manufacturer) ?
6. How long did you work in that capacity
7. Did you ever receive any commission checks made payable to anyone other than your name ?
8. Did you ever receive any commission checks made payable to me ?
9. Did you ever receive any commission checks made payable to a partnership ?
10. Did you ever ask (Name of manufacturer) to issue one check representing the combined commissions of mine and yours ?
(If she answers no, then ask Q.11)
11. Why didn't you ever ask that a combined check be issued ?
(If she answers "yes", then skip 11 and ask Q12)
12. If you asked for a combined check, to whom would it be made payable ?
13. If you asked for a combined check made, was it ever issued as you asked ?
14. Why wouldn't (Name of manufacturer) issue a combined check for our commissions?
15. If I were to bring Mr. ______ (Name of owner of manufacturer) here, right now, and I were to ask him the same questions, would his answers be the same as yours ?
If your former colleague did not ask to split commissions from the outset, then ask,
16. When did you first ask (Name of manufacturer) to issue a combined check ?
17. That's ____ years after you started working for (Name of manufacturer), Why did you wait this long to ask that a combined check be issued ?
18. Did you ever ask me to enter into a partnership with you ?
(She would have to say yes)
19. When did you make this request ?
20. Did we have a discussion on the issue of partnership ?
21. Where did this discussion take place ?
22. And, what was my response ?
23. Why did you wait this long after this discussion to file a lawsuit ?
Depending on what responses your former colleague gave to some of the above questions, I would be able to formulate more questions you could ask her, but since I do not know anything about her, it is difficult to formulate questions that would specifically relate to this situation. If you could add further information about her, I might be able to formulate more questions. You would ask the same questions at trial (If it came to that) and since she is lying, she probably will not remember all of the answers she gave you.
Just remember, a partnership is not formed, simply because a party claims that a partnership exists. If that were the case, I could claim that I had a partnership with Donald Trump and claim one-half of his income. The fact that both of you were employed as Independent Contractors and paid as such, tends to disprove that a partnership existed, in light of the Act, Section 25.05.005(c)(ii) which reads in pertinent part, as follows:
(c) A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:
(ii) For services as an independent contractor or of wages or other compensation to an employee;
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