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Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2129
Experience:  Practicing Attorney with 10 years experience
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I worked company years with no pay and got promised

Customer Question

I worked for a company for three years with no pay and got promised commission after those three years but when the time came, I got fired. What should I do?
Submitted: 12 months ago.
Category: Legal
Expert:  Ely replied 12 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) What state are you in?

2) Did you have a written contract for the commissions, or not?

3) You mean you received no pay at all from the company? Or just some, but not commission?

4) Were you a contract or employee?

5) What kind of work was this?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 12 months ago.
I am in California. And no. There was a verbal agreement. I received no pay at all, just for gas and food. I was an employee and the type of work was to promote a new oil company from Peru here in the U.S
Expert:  Ely replied 12 months ago.
Thank you for your response. I am currently away from the site, so I am going to opt out of your question and open this up for other experts.
Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck.
Expert:  Asad Rahman replied 12 months ago.

I am sorry to hear about your situation. Although you had no written agreement as an employee or agent of the company you are entitled to some compensation. It will be tough to prove unless you have any emails, texts, or other ways to prove they promised to pay you this commission. At this point, you need to sit down a labor/employment attorney and provide anything you have. At first, they can make a legal demand and if the company does not respond, then a lawsuit may need to be filed. You are entitled to compensation under the theories of unjust enrichment and quantum meruit.

Customer: replied 12 months ago.
I was the only employee of them in the U.S. I was writing the checks for all the responsibilities and bills. They would send me merchandise every 2-3 months. They would only come to the country every 6 months. After three years they came with a new guy from their country and tried to replace me with the new employee.
Expert:  Asad Rahman replied 12 months ago.

I think that is all strong evidence that you were working for them as a contractor or employee and need to be compensated.

Expert:  Asad Rahman replied 11 months ago.

If you have any additional questions just let me know otherwise a positive rating would be greatly appreciated.