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Richard, Attorney
Category: California Employment Law
Satisfied Customers: 55458
Experience:  Attorney with 29 years of experience.
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I'm an employer. We have a business that sells vitamins online. W

Customer Question

I'm an employer. We have a business that sells vitamins online. We get prospects that don't buy but give us their info. We decided to hire an "expert" outbound call salesman to call these people. He said he had 20 years experience. Our oral agreement was clear that gauged the prospects list for sales. He was familiar with the software and he used our computer at our office. He signed a W-9. He came in when he wanted and sold how he wanted. We only gave him a prospect list. He was paid an hourly wage of $11 and 20% commission. On the 3rd day he became violent and aggressive when I showed him a report on his calls thus far. After his 15 minute rant, I said "let me write you a check for what we owe you" and then said this doesn't seem to be a good fit. I have witnesses that these were my only words. I wrote him a check for $146 (12 hours plus $14 commission). I gave him the check and he proceeded to threaten us and attempt extortion. This continues after one week.
Submitted: 2 years ago.
Category: California Employment Law
Customer: replied 2 years ago.
We tried getting him to sign a termination and release agreement. We feel that we don't owe him anything. He feels that we owe him commission for unmade sales and 8 hours of unpaid work that never happened. He keeps asking for more money saying that he will "expose" us. He is unemployed, a drug user and a felon. Shame on me for doing a background check after this happened. Thanks for the advice.
Expert:  Richard replied 2 years ago.
Good morning. My name is ***** ***** I look forward to helping you this morning.
You owe this guy nothing. California’s Labor Code specifies that an employment relationship with no specified duration is presumed to be employment “at-will.” This means that the employer or employee may terminate the employment relationship at any time, with or without cause (other than an illegal discrimination which this situation does not fall within). And, you don't owe him a dime for work not performed and sales not made. Although you can never prevent him from suing you, he has no chance of prevailing and I would let him know specifically that should he do so, you will not only be contesting any such action, but also filing your own counter suit against him for fraud for misrepresenting himself and his skills.
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