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Marsha411JD, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 20228
Experience:  Licensed Attorney with 29 yrs exp with Consumer Law issues
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I have handcuffs and feels like a prisoneer of Amerilife

Customer Question

I have handcuffs and feels like a prisoneer of Amerilife Health Services. I joined end of October 2014 as a independant contractor agent. They didn't pay me in a timely manner, it took 5 or 6 months to start to pay my ACAs. Not current yet and it was an eye opener, they keep close to 60% of our commissions in sneaky ways. That wasn't explained and they lied to us. I had to quit. How can a perseon go without pay? Many agents quit. Now they're saying they're keeping all my commissions, I won't get paid for all my labor and I have a 2 year non compete clause 35 miles radius. This is abusine, manipulative and they're getting rich on behalf of little people. Who can help? THanks,
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Marsha411JD replied 1 year ago.
Thank you for the information and your question. As far as your commissions go, if you were an independent contractor, you will have to file suit against the company for what is owed to you. Had you been a W-2 employee you could have filed a wage claim with the State. An employment law attorney can assist you with filing suit if you are seeking more than you could sue for in small claims court without an attorney. Likewise, an employment law attorney can assist you with your non-compete agreement. The law is very technical and each case is decided by a court on the specific facts. But, if your attorney believes that the non-compete is unenforceable, they can file a petition with the court for a declaratory judgment in your favor.
Please feel free to ask for clarification if needed.
Expert:  Marsha411JD replied 1 year ago.

Your question has come back to me as if you have a follow up, however, I don't see where you have posted a response. Do you have any further questions for me?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for the request, however, I, like most of the other legal experts cannot provide a phone consultation due to our State's Bar ethics rules. I am willing to continue working with you in this forum in addition to the answer I already provided to you if you have follow up questions. Just ask.

Customer: replied 1 year ago.
That big co. Amerilife and Health services will ruin me before I can get an answer from the Court. That's probably why they don't pay and keep their agents poor. I need other alternatives help. Consumers help, state, retired lawyers that want to help, insurance specific help against abuse of big cos, don't know where to go...
Expert:  Marsha411JD replied 1 year ago.

If there were other alternatives that were more effective than what I gave you, I would have discussed them with you. You are not a "consumer" under consumer protection laws so that isn't an option. Retired lawyers are, retired and wouldn't provide free legal services in this case and if they did, they would still be the options that I mentioned in my answer. This is not an Insurance issue per se, it is a payment of commissions due under a contract. So, the insurance commission is not going to be of help.

The courts aren't as slow as you think they are in these areas, plus, depending on how much you are owed, you may be able to handle this yourself in small claims court. If you tell me your State and how much you are owed, I can tell you if this is a small claims court issue.

Customer: replied 1 year ago.
If I wouldn't have joined them, I would be making $3000 a month in residuals. They lied and made promises. After sneaky tactics it ends up that they're taking 60% of that, it takes some time to realize that, especially when they started to pay 5 months later and they call it "advances"? and now they want me to reimburse the little they paid me? This is outrageous. Over a 2 year period, the lost of residual income is at least $50,000 to $60,000. They are thieves, look at the reviews online. People are afraid of them and don't know what to do and give up. I was told that they will pay whatever it costs to win in court. They have their own lawyers and they pay them well! Their pocket is bigger than mine bcs they steal our commissions. I saw them taking advantage of handicapped people, single mothers, old people, last resort unfortunate people, etc... and after promises and lies, they made their situation worst. It's unacceptable, we need to stop their abuse. I'm from Quebec, Canada, and this kind of abuse is illegal, null and void before they can pretend to write it in an so unilateral "contract"! It harms consumers also. My clients that are theirs now, want to be served by me, the only one they trust! And now they're being sent to a new agent that they don't know and doesn't know what they're talking about. Now, I'm in a situation where that Amerilife Services even got me to service my clients and they're getting paid for that? There is truly an illegal situation here! Somebody has to stop them!
Expert:  Marsha411JD replied 1 year ago.

Just for clarification, are you saying that his occurred in Canada? If so, let me know and I will opt out and refer this to a Canadian expert. You are in U.S. law section.

Customer: replied 1 year ago.
Sorry for the confusion, I live in Florida since 1998 and have also dual citizenship.
Expert:  Marsha411JD replied 1 year ago.

Thank you for clarifying that. I just wanted to make sure that your question was in the correct category. I certainly understand your frustration and I have provided you with your legal options as I agree that this conduct is illegal. However, it has to be handled in civil court. The non-compete would likely be found to be unenforceable by a court if the Company didn't pay you according to your contract. Their material breach would generally result in the non-compete being unenforceable.

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