My wife lost her job and they don't want to pay her what I think she is owed, am I right?

Me

[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.

[IL Republican]

Nothing was in writing, that is why I'm even asking for advice. Otherwise, it would be an absolute slam dunk!

However, there was a very clear verbal commitment, and emails about changing the % from 50 to 30. That obviously states what it was.

I told her that we would take him to court if he refused to pay, so I guess I was too aggressive, but it is too late now. It is behind us...

[geezerwheezer]

You are correct. If you do not follow through, then he will enjoy keeping it all himself, and you will be the one that is really pi$$ed off. I hope you have copies/notes/checks from previous events he paid her for, and copies /contracts etc. for the Christmas week events with the different groups. Get all your paperwork together and go to the county courthouse with $25.00 and file a small claim against this cheap bastard. If nothing even happens, you will be able to sleep knowing you ruined his day when he got served with the suit you filed, and you will have the last laugh. Quit being a pansy and get some cajones...it is your wife's reputation on the line here and you better protect her!

[IL Republican]

It is $98 to file for small claims, but a small price to pay. I am not willing to let it go without a fight. I'll replay in the next day or two with what we decided to do. I'm going to call my lawyer tomorrow and ask for advice. He is an old family friend, who will give me good advice, not just what is in his best interest!

Thanks to all for the advice!

[GLDNGUN]

Like Geezer said, STAND UP FOR YOUR WIFE. You told her you would take him to court if he didn't pay. She believed you and threatened this guy with a suit. As a conservative, you should know that you only threaten to do something if you are willing to follow through. Don't point a loaded gun at someone unless you are willing to pull the trigger if needed. Don't threaten to remove a dictator from power with force unless you are willing to actually do it. DON'T THREATEN TO SUE SOMEONE AND THEN NOT DO IT. If you've got a case, then do it; otherwise, what do you think this guy will be thinking? Probably something like "Ha! I took her money, fired her, and there's nothing she can do. She threatened to sue, but she and her husband are losers. They'll never follow through".

I suggest you or your wife make one final attempt, perhaps in a certified letter. Make a proposal - maybe for 25%. Give him a deadline and tell him that if payment is not received by then, you will file a claim the NEXT DAY and that the claim will be for the FULL amount. Then do it!

[B4Ranch]

"However, there was a very clear verbal commitment, and emails about changing the % from 50 to 30. That obviously states what it was."

The emails are your 'written contract".

[1FASTGLOCK45]

Il Republican,
Nail that rotten apple. Sounds like that guy is good at screwing people and has been getting away with it. Maybe you can find others that have been screwed by him too.
Best of luck to you and your wife.

[IL Republican]

Thank you,

Yes, this guy is a jerk, and apparently has fired part-time employees for not putting popcorn in the popper his way.

He also has flat refused to pay part-time people if they forget to punch out on the time clock. He could make an adjustment to compensate them for the time they left, but he refuses to pay them at all.

Now, the bad news.

My business "partner" use to be a compliance officer at a brokerage firm. In IL, all employment is "at will", so he did not need a reason to fire her. In the brokerage business, she said that the employee would not receive compensation for any trades that had been placed, and not paid for. She told me that she would not pursue the legal battle.

I want this guy to suffer, but I don't want to put my wife through a lawsuit if I am not going to win. She is mildly depressed as is (very anxious, and taking mild antidepressant medicine to help with anxiety). So, given that we don't need the money, do I put her through the stress when after tax, the $1300 will only amount to $700 spending money?

This is hard, I have too much pride to walk away!

Any lawyers on this board???

[krazyrep]

I'm not a lawyer myself, but in various positions I've held I've had some intense Wage & Hour training, so I'll put in my $0.02.

First, get a lawyer who specializes in labor law. www.findlaw.com can be a good resource.

As to your wife's pay status, it sounds like she is considered an exempt professional or contractor for purposes of the Fair Labor Standards Act (FLSA). This means she would not be ordinarily entitled to overtime pay, etc. Nevertheless, she is entitled to compensation for worked performed, regardless of whether or not she was terminated. There is at the very least a verbal contract (enforceable in court) for your wife to recieve 50% of gross revenues for events she booked. You can support this by (as others have mentioned) something written such as a pay stub or check stub. It's going to be a lot harder to do if she was paid directly in cash, although your own bank records may help there.

Another point is to determine is if she was fired for cause or if the employer terminated her contract if she was hired as an independent contractor. Either way there needs to be some paperwork somewhere, either written notices of disciplinary actions or a written termination of contract. You'll definitely want to review any contracts or paperwork signed when employment commenced. You'll need a labor lawyer to look it over and determine if the termination was legitimate and if your wife is not only entitled to what she was owed but compensation for an illegal firing or breach of contract. State laws have a lot to say on this, so again, getting a good lawyer is critical.

I don't know if you'll get anything out of it, but you do at least have a case from what I've read. One last time, talk to a lawyer who specializes in labor laws and/or contract law, take him any and all supporting documentation (check stubs, receipts for business expenses, any and all contracts or work agreements, etc.) and ask him to see if your case is solid. Most lawyers will do that for free.

GOod luck.

[krazyrep]

Did a little research on Findaw. Here are two good links to read on wrongful termination and what you can do about it:

http://employment.findlaw.com/employment/employment-employee-job-loss/employment-employee-wrongful-termination.html

http://employment.findlaw.com/articles/2563.html

[grammarman]

There is no such thing as a slam dunk in court. I was sued for adverse possession by a party that did not own the property and ended up losing the property. Stay out of court if you can because the judges and the attorneys and the clerks all go to the same Christmas party and, by the way, you aren't invited.

[IL Republican]

Thanks to all who responded.

I already contacted my lawyer. He plans to write a letter requesting the money, and why we are. He then plans to call and get a feel for this man's objectives.

Eight days ago, he wanted to cut my wife's cut to 30%, several times over the course of the next 7 days, he asked her if she was going to stay on at 30%. He even told her to bring a proposal back to him on what it would take for her to stay. She never got around to it, and then suddenly and unexpectedly, he let her go.

Nothing could possibly have happened in those days to justify it, it was purely a financial decision. He gave her a reason, something along the lines of "I'm not happy with your performance". But given the fact that he was begging her to stay 3 days before, it is hard to believe this is true.

My lawyer should have a letter drafted later today. He is not charging me much. I'm just excited that this guy will see the letter before Christmas. He deserves to sweat some!!!

Thanks again to all those who responded. I'll continue to keep you updated!

[IL Republican]

Sorry it has been so long without an update. My lawyer works slow.

The bottom line is that my lawyer called my wife's old boss. He flat refuses to pay a dime, and flat lied to my lawyer. Her old boss stated that the events the remainder of the year were booked prior to her employment, which means that he doesn't have to pay. In reality, we have copies of them, and they were booked during her time there.

I may tell my lawyer to make one more phone call stating that, but the cost to pursue this outweighs the potential gain if we go much further.

The moral of the story is that my wife and I were trusting conservatives who thought that a man's good word was good enough. I've now been taken advantage of twice in one month by losers who have no regard for what is right. One turned out okay in the end, this one doesn't sound good.

Thanks again for everyone's advice.

[GLDNGUN]

Why can't YOU take him to small claims court?

[wolfcreek]

Send a couple of guys named Bruno and Dominic down for a visit with this man. Tell him to pay up or they'll be back!

[lugsoul]

The language evolves. "Slam dunk" now means 'we are telling you it is a no-brainer, but it will turn out exactly the opposite.'

[Rebelbase]

In the old days, guys like your wife's old boss often ended up getting a back alley education in the value of keeping one's word.

[IL Republican]

I typed my previous message from my office. I have since come home and emailed a scanned contract to my lawyer. He plans to write the old boss a letter stating our position.

I also feel like it is a personal victory that the lawyer stated that the guy was obviously lying to him.

I was ready to walk away, but I just spent $2300 on a sleep number mattress, and had about 5 beers. I'm out for blood! :-)

[keat]

We'll you can't win every battle.

Lesson learned: Get it in writing next time.

The poster above who advised small claim court is right. I would file.

(a) It costs very little.

(b) The guy has to show up or forfeit.

(b) Small Claims mediators will reward preparation. What you say does not matter as much as what papers you turn in to support your case. Stay calm and give a few basic facts. Kiss the mediator's ass. Let the guy you're suing do the lying and sweating.

(c) I can almost guaran-frikin'-tee you will get a 50-cents on the dollar judgment.

(d) The mediators are lazy and want to split every baby down the middle. They will "study" your case for eight or ten weeks and then issue a timid judgment when everyone has forgotten all about it.

(e) You may never be able to collect on that judgment but will get some satisfaction.

[IL Republican]

My lawyer stated that this guy has a history of screwing people. It might not just happen in the old days.

[IL Republican]

Thank you,

I just might. He needs public support, so if he doesn't pay and we go to the media, his business is screwed.

My one reservation, is that I too need public support for my job, and I make around $20,000 in a good month. I have a lot more to lose with bad publicity than I have to gain. I don't want to turn the wrong person off to my business through association in a lawsuit.