Posted on 12/18/2005 3:39:06 PM PST by IL Republican
My wife worked for a theater in town as an event planner.
She has worked there for 3 months, and the original agreement was for her to get 50% of the gross revenue (WAY too HIGH in my opinion). The owner finally wised up and realized that 50% was too much, so he wanted to cut it to 30%. She didn't even have to show up at the event, all she had to do was book it, plan for the proper people to be working, and she received a check for 1/2.
My wife and I were still thinking about if she would accept the 30% or quit. It would be hard to make a lot of money at that percentage, but it probably was fair.
Today (yes, Sunday), the owner called her and fired her over the phone. The reason was that he was not happy with how she was performing.
She has Several events this week as everyone wanted the theater right before Christmas. The owner refuses to pay her a penny for any event that was booked, but that has not occured. The total she would have received would have been $1300.
Does anyone on this forum know if we can sue him in small claims court for the wages?
My wife has worked there 3 months, and spent our own money on all office supplies, and transportation for business purposes. She did the time, booked the event, adn planned for it. Now, he doesn't want to pay her 50%, because it was too high, so he fired her to avoid paying her anything (that is speculation on my part).
I reallly want this clown to pay for being a jerk, we are well off enough to where $1300 is not a big deal.
Any advice would be greatly appreciated.
Unlees there was a signed contract, you may have a tough or no fight to be had. Good Luck!
Yes, she can sue. (anyone can sue any for anything)
What does she have as documentation of this agreement? That will be most important.
Also, depends on how the "Wage and Hour Board" (state agency) is set up in your area. They might be able to help.
Well it seems clear she is owed for the currently booked shows. Screw small claims court - it's a crapshoot and some appointed non-judge will just split your claim down the middle. Hire a lawyer to send one letter demanding the $1300 plus his costs. I bet my hat that will do it.
One more thing - with a good lawyer my plan will fly with or without a written contract. I doubt they have the stomach for a fight.
One would think if she's already done the booking, etc., that would be completed work, and should be paid for.
There has GOT to be more to this story. Why would an event planner get the heave-ho right before the biggest event-week of the year?
My gut tells me...
The owner lost money on 5 previous events. I'm guessing that he foresaw losing money on next weeks event. So, he got rid of her to keep 100% of revenue.
So you're saying she was in charge of actully lining up the acts, not just planning the events? There's a difference. In that case, she's more of a booking agent than an "event planner."
She's still probably owed dough for what she's already done, though.
If she has the booking amount from previous events showing what the client would be charged and a copy of a check showing that she got 50%, then it would be a slam dunk in small claims court with or without a signed contract.
The money is owed to her, no matter what the gentleman says, unless he suddenly cancels all the events (ha, yeah, right..) and even then, odds are he would still owe it.
You can go with a lawyer; it depends upon your region. The more rural areas handle small claims just fine, heavy urban areas don't. If you're in a heavy urban area, find a lawyer.
In the mean time, I would submit a bill for those events she has booked at the time she was fired. It doesn't matter if the event has occurred yet or not, and it should be clear on the invoice what the interest rate would be on past due balances and make it clear that this bill is due and payable now since he's decided to terminate the business relationship.
I would try calling him and demanding the money first with a threat to go to the media with a story about him firing her a week before Christmas and then not paying her.
Don't know how much help I've been, but I wish you guys good luck and Merry Christmas -- despite Mr. Scrooge!
Were the events successful? I think the problem lies in the fact that he promised her 50% of the gross instead of 50% of the net profits. Is it possible that these terms were confused by either party? If sales don't look good, he could be looking at a loss. I think a lawyer letter will do...it will cost him twice that to have representation in court. Ideally, you should try to come to terms outside of the court if possible. Maybe some kind of payment plan if the guy is strapped for cash which it sounds like he is.
" I doubt they have the stomach for a fight."
It will cost them more than $1300 to even get it into a courtroom.
Thanks for your help! And everyone else's too!
She called him minutes after she was "fired" to clarify that he wasn't going to pay her at all. She then stated that she would take him to Small Claims court.
He laughed at her and said "You do what you have to do". He then said, "If you think that small claims court will threaten me, then you don't know me."
Of course court will not scare him, he has nothing to lose. If we win, he is out what is rightfully my wife's, and if he wins, he gets to cheat us out of money.
We are in a town of about 120,000 people. It is small enough to where negative media coverage could kill his business. However, my job is worth a lot to us, and I don't want my unique family name in the media for a lawsuit.
You should have some sort of work force commission that will interview both sides and make a ruling within 30 days. If he doesn't respond, you will get a judgement. If he does respond, they will make a ruling based on the evidence provided by both sides. He will also be unable to have employees until that judgement is settled...at least under that company name. Usually these are state agencies and won't care much that this guy plays golf with the local judge.
And of course, you actually send a "courtesy copy" to that attorney.
Still haven't seen what was in writing between your wife and her boss. I also think she jumped the gun on threatening to sue immediately afterward. Now, there is no way he'll be willing to rethink or renogiate. Just because you have an Ace in your hand, doesn't mean you show it to everyone as soon as the hand is dealt. Now that she has threatened, she must follow through unless they make a deal; otherwise, it was an empty, hollow threat. Call his bluff. If you won't, she should have never threatened it.
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