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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38907
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I was working builder and had a contract that at closing

Customer Question

I was working for a builder and had a contract that at closing of homes I would get my commission
5 days before closing when I was fired
Now I don't get my $9700.00 because you have to be working this month
I sold 13 houses to close this month
and 17 next month
This is in NC
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, What you are describing violates NC law (and the law of every other state). A party to a contract, whether an employee or independent contractor cannot be divested of the reasonable value of services rendered (legally termed "quantum meruit") by the other contracting party. Were this legally possible, employers could hire employees at the beginning of the day and fire them after 7 hrs. and 59 minutes, and have no liability to pay wages.No court will enforce this contractor's position. You are entitled to your commissions because you sold the houses. You can either hire a local employment rights attorney or complain to the NC Wage and Hour Bureau (1-800-NC-LABOR or(###) ###-####. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!

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