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I am a 1099 contract employee living on NC. I am contracted…

I am a 1099...

I am a 1099 contract employee living on NC. I am contracted with a publishing company headquartered in Chicago. There are a lot of issues with this company. However, the most recent has caused me some concern. The company is now sending year to date sales totals for each contracted salesperson and inside sales person information to both sales trams Contract sales people are paid 15% of total sales and both sales teams are aware of this. Now anyone can calculate my salary. I have advised the sales manager and the 2 owners that I am not comfortable with this practice and I am willing to discuss these issues privately. I have been told that I will either participate of I can look for another job. Does the company have the right to post year to date sales that provide other associates with knowledge of my salary?

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

I am in NC. The company is headquartered in IL

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

I don"t know. My contract states I am an "independent representative for CFE Media". and "Neither party shall have any authority to bind the other in any respect", "each shall remain an independent contractor".

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

There is a long section of the contract about disputes. This says that an "arbitrator" will be brought in to settle the dispute. This section states the contract shall be governed by the laws in the stat of IL

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Answered in 45 minutes by:
11/28/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,473
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation. Generally, your state does not prohibit the publication of someone's salary. The only thing that would prohibit this is if it says somewhere in your contract that your overall salary is to remain secret. However, you may have some causes of action otherwise. The public disclosure of private facts is a tort wherein if someone intentionally exposes private facts about another that a person would find reasonably offensive, then there may be a cause of action that exists. Otherwise, you won't have much recourse.

Although I know this is a professional situation, you may want to consider just writing a cease and desist letter to the managers of the organization citing that they nay be engaging in an intentional tort. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me?

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Customer reply replied 6 months ago
The email was sent to all sales. So this email went to CA, IL, MA, NC, CO. Does this constitute any legal violation. I sent an email to the 2 owners telling them I found the publishing of my year to date sales offensive. My reasoning was the document allowed anyone to calculate my salary, which I felt was private information. I also stated that by sending the document to all sales, the company had lost control of the information and was in the hand of several company employees and independent contractors. Anyone of these people could send my information out to customers, or beyond our company. the response from both owners was If I didnt agree, I could find another job. Does it matter that the email originated in IL and was sent company wide to several states and is now unsecured?

Unfortunately, it’s not a legal violation for them to publish the sales statistics of its sales representatives unless there is something in your contractual agreement that prohibits them from doing such a thing; however, if someone takes this information and uses it against you in some capacity (e.g. they try to extort you because they think you earn a lot of money), then you may have a cause of action. This is similar to professional sports teams that publish salary information. The Carolina Panthers pay Cam Newton a lot of money every year and widely publish that information, but the sad part is there’s no law against doing such a thing. I’m very sorry. What other questions did you have for me?

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Customer reply replied 6 months ago
Thank you

The pleasure is all mine. I'm very sorry. There’s just a few other things I’d like you to know before we wrap up this conversation:

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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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