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I am a real estate broker and I started working a year ago…

I am a real...

I am a real estate broker and I started working a year ago for a real estate brokerage company. I signed an independent contractor agreement but it was never signed off on by the broker and return to me. I just asked for a copy of my agreement and they say they sent it back to me but it was still not signed by the broker. So does that mean that we do not have a legal agreement?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sc

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I guess it will. I don’t really know the answer to that

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

I guess it will. I don’t really know the answer to that

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Answered in 5 minutes by:
3/8/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,574
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

This answer can be very tricky, so can you tell me what your goal is here? Do you want to not have an agreement?

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Customer reply replied 4 months ago
I have also been working with a very well known alcoholic. I want to leave and I think they will try to hold a draw payback over my head. I would like to know if I can just tell them we do not and have not had a legal agreement
Customer reply replied 4 months ago
They hired me to work for this very well known within the company alcoholic. But did not tell me before I started working that she was a terrible alcoholic! They also made me sign a promissory note to her for $9000. But it was not witnessed either. I feel like I have been duped. Now they tell me of them $18,000! I would never have started working for someone if I thought I was going to end up owing them money. I just want to leave! But if they press the issue I will probably have to sue them for hiring me under faults pretenses

No, I don't think that you can just walk away from a draw payback here.

While you may not hold a signed agreement from them, they hold one from you and you have been working with them. That can create a contract by operation, with the terms of the agreement being established by the written agreement that you already agreed to in writing.

A court would likely allow them to enforce it.

You would then have to counter sue on the basis you state, misrepresentation or their breach of the agreement. If you are not receiving the benefit of the bargain you agreed to, then you can claim breach first and then they can't enforce the contract they are in breach of.

So, while you have arguments here, it is not going to be as simple as saying "they didn't sign it."

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,574
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you
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Allen M., Esq.
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Category: Employment Law
Satisfied Customers: 20,574
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Experience: Employment/Labor Law Litigation

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