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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20241
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have worked employer 15 years without a raise in at least

Customer Question

I have worked for my employer for over 15 years without a raise in at least 10 years,which was fine but was assured I would make more when the company made more which I understood. Then an opportunity came up to acquire a book of business (we ar insurance agents), when the deal came up she came to me and said that if we acquire this book that I would have 50% equity but also have 50% of the expenses. I agreed. We talked and went over expenses and income for almost a year.
2 days before the papers were to be signed she backed out of the 50% equity offer. She still acquired the book and I was out of luck and in double the work with no equity or any type of counter offer.
She offered... I accepted... Verbal contract. Do you think I viable case?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I haven't heard back and it's been over 45 mins so please don't charge my card. It says that you respond between 10-30 minutes... Thank you anyway
Expert:  Marsha411JD replied 1 year ago.

Hello,

I see that you no longer want assistance, if that is the case, you can contact customer service and let them know. As a point of information, the Experts on this Site do not work for the Site itself, so we set our own hours and as you can imagine, most attorneys aren't working at 3 or 4 a.m., so despite what the Site might represent, availability, especially of someone who can answer a specific type of question is doubtful in the wee hours of the night. If you would like to continue with your question, if you tell me what State you work in and whether or not you had already done work with the new "book of business" (writing policies) when your boss changed her mind, that would be helpful.

Customer: replied 1 year ago.
California and yes I was and still am writing and marketing the accounts of the new book as well as the current book of business
Expert:  Marsha411JD replied 1 year ago.

Hello again and thank you for your response, although I am still not entirely clear if you were already starting to write policies on the new book of business when she back out. If you were, then you would be entitled to the 50% equity offer on what you had already written prior to her change of heart. However, most courts, if this went to litigation, would not enforce the verbal agreement after she indicated that she changed her mind if you are an employee. An employer always has the right to change the terms and condition of employment, including wage agreements going forward unless there is a written contract to the contrary. For example, a term contract or bargaining agreement. However, as mentioned, if you had already done some work on that book of business, then under California and Federal wage laws, the employer would be locked in to the agreement on the work already done, just not for future work once notice of the change in wage agreement occurred.

As an aside, a contract requires not only an offer and acceptance but also consideration. That is key. Some examples of consideration would be to turn down a job with someone else in exchange for the promise of increased payments. If you did already write policies on the new book of business when she cancelled her offer, and she won't pay you the extra for that business, you have a few options. One is to file a wage complaint with the State and the other is to file suit against the employer.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today.

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 26th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received a follow question or your rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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