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Tina, The roofing company owes me back wages from sales

Customer Question
Second opinion] Good afternoon...

Second opinion] Good afternoon Tina, The roofing company owes me back wages from sales made. He is not willing to pay me and has put me off for over 6 weeks, what can I do to obtain my money?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

The manager,HR owner are the same individual. I cannot afford counsel,

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No, 1099 salesperson

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was driving a company vehicle and wearing a company shirt and badge, if that matters' I have since returned all the mentioned

Submitted: 6 months ago.Category: Employment Law
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Answered in 1 hour by:
11/6/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,424
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You have a right to sue for breach of contract that is one option. However, if you were misclassified as an independent contractor, which it sounds like you were, then you can file a complaint to the US Department of Labor wage and hour division or state department of labor wage and hour division about being misclassified and they will sanction the employer and will pursue your wage claim plus up to 3 times the wages due for bad faith non-payment of wages plus intentional misclassifying you as a independent contractor when you were an employee.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,424
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Experience: 20+ Years of Employment Law Experience

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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