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I was working for a well-known roofing company held a

position as a roofing repair...
I was working for a well-known roofing company held a position as a roofing repair Tack and was also going out and doing storm inspections on roofs I was promised that I would receive commissions after 2 years I did not get my commissions and boss fired me for attendance after I hide ask for my commissions again I'm talking up towards that 60 to $100,000 here I climbed 550 roof's in 2016 and I will guess approximately 300 this last year 2017 I have every single job I did for him documented with photos to Google photos as well as one of my helpers who was in office and heard him tell me he was going to pay me 8 to 10% on commission and I also have talked to repair technician in that have my position first and he said that the same thing was done to him and that he would testify to this can I get my money out of this or am I screwed it was a verbal contract nothing written in paper
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Answered in 6 hours by:
2/15/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,957
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I'm terribly sorry to hear this;

Verbal contracts are still binding if they meet the requirements of a contract (offer, acceptance, consideration for example).

However, the party alleging the verbal contract has the burden of proving its existence; this can be done by many means:

witnesses, past practices with other employees, texts, emails, etc.

If the contract is in fact determined to be in existence then the employee can file a DOL complaint. There are penalties for nonpayment of wages and while there are protections for "whistleblowing" (ie reporting wage violations) this is not applicable if there is a legitimate reason for terminating the employment since most employment relationships are at will (so for example, tardiness, absences etc may result in termination).

The employee must file suit within 2 years (3 if willful nonpayment of back wages). A complaint can be filed here:

https://www.dol.gov/general/topic/wages/backpay

If the employee prevails they will be awarded the amount of back pay plus the same amount again (double damages) as a penalty.

If the employee sues in civil court they may sue for back pay, double damages and attorney/court costs.

Many attorneys will take these types of cases on a contingency fee basis and given the complexity of litigation, compounded by proving an oral contract, that is usually the preferred method.

Please see:

https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/lawyerfees_contingent.html

Good luck to you on this as that is quite a sum of money.

Further questions? Please post here to continue the chat.

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Thank you and take care.

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Customer reply replied 6 months ago
Thank you I have been told this by quite a few people and I'm going to pursue it thank you for your answer

You are most welcome; best of luck to you.

If no further questions kindly rate 5 Stars so the site credits me for assisting you today.
Thank you!

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,957
Experience: Just Answer consultant at Self employed
Verified
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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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