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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118111
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am being sued by a fellow sales rep who is alleging that

Customer Question

I am being sued by a fellow sales rep who is alleging that we are business partners. I have worked for the same manufacturer for over 20 years. I am a 1099 independent sales contractor. 6 years ago I asked the CEO of the manufacturing company if we could bring another independent rep to help with a large acct I opened. He agreed and after a falling out resulting from many issues including a alcohol problem, it was decided to terminate her. We worked jointly on the accountant and shared commissions. The manufacturer paid each of us every month directly. We had no joint bank accounts, did not file 1065s or K1 and she filed in the state of Washington as a sole proprietor. The manufacturer paid and invested millions in marketing and other expenses on the acct although she and I did split fuel and traveling expenses when traveling together. How can I prove that we never entered into any business partnership and were only paid wages in the form of commissions from the manufacturer?
Submitted: 4 years ago.
Category: Legal
Expert:  Chris T., JD replied 4 years ago.

TexLawyer :

Hello. I'll be assisting you with your question.

TexLawyer :

If this sales rep is suing you, the burden is on him to show that you had a partnership agreement, not on you to show that you didn't.

TexLawyer :

In a lawsuit, the plaintiff has the burden of proof, so the plaintiff would have to bring in the evidence.

JACUSTOMER-kkc2b5b5- : since you have already given me your opinion, please pass this on to another attorney. Thanks
TexLawyer :

Sure. No problem.

Expert:  Dwayne B. replied 4 years ago.
I picked up on the other question you posted. Did you have additional facts you wanted to add?
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I see your previous expert has opted out. Do you still require information on this matter?