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 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?
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.
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.
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.
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!