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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12620
Experience:  Significant experience in all areas of employment law.
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I was offered and signed a contract in June of 2015 part of

Customer Question

I was offered and signed a contract in June of 2015 part of my bonus stated I would receive $2,500 per driver. a few months later I was promoted and was given a verbal offer of $5,000 per driver recruited. I recruited my first driver and tried to collect at the $5,000 and was told no my contract was $2,500 I disagreed and we settled on $3,000 and which I was paid $3,000 for my first driver recruit. I recruited seven other drivers and was trying to collect on these. I was told until the branch started showing a profit they could not pay the bonuses. my fourteen-year-old son had to have an emergency surgery so I pressed them for the money.they dropped the payment to $1,500 which I was forced to accept because of the emergency.also in my contract was $250 per month for getting the branch off probation and keeping them off I was paid one time and got them off probation for 8 new contract also had $250 4 Warehouse labor ratios and packing material ratios. I've never received any payment on those what so ever. there is also a safety bonus in play onfurlough workers compensation claimswhich was approximately $75,000 to be divided up among nine branches. once we achieve that goal they changed it to $50,000 divided among the branches I received $1,000 paymentand then being told now that I no longer work for the company I'm not entitled for the rest of that bonus. the new contract presented to me by the VP of operations estate of a $5,000 per year salary increase which I never received and when asked about it I was told it wasn't approved even though it was submitted to me in writing in contract form by the person they hired to negotiate my contract. any help would be appreciated. I'm not sure if I should go to the labor board or get an outside attorney. thank you in advance.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Can you please tell me whether you are an independent contractor or an employee? I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
Expert:  Patrick, Esq. replied 1 year ago.

Thank you.

Given the amount in controversy, it would typically be better to file a lawsuit rather than a wage claim. In the wage claim process, the labor board doesn't represent you--they are a neutral agency whose goal is to resolve disputes, not to achieve the best possible outcome for claimants. People think wage claims are quicker, but they often take months to resolve and the ruling is typically appealable, meaning you can wind up in court after your wage claim drags out for months in no better position than where you started.

A lawsuit will require you to hire an attorney, but attorney fees are recoverable when you file a lawsuit in civil court, as are your costs. The fact you are entitled to recover costs and attorney fees gives your employer a strong incentive to settle quickly because they know that their ultimate liability is only going to continue going up the longer they continue fighting. Your lawyer will also be your personal advocate and will push for the absolute best result for you.

Typically, cases like this are handled on a pure contingency fee basis. If you don't know, a contingency fee arrangement is one in which the attorney receives a portion of the client's settlement or award as his payment, typically 1/3 of the total amount. If there is no recovery, the attorney does not get paid. The client never pays until the settlement or award is obtained (except perhaps to cover the filing costs for his claim). You can find an attorney to assist you here.

Hopefully this addresses your concerns, but if there is anything else I can do to help, just let me know.



Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get paid for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

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.

Very best wishes.

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