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Old 11-12-2007, 08:14 AM
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Join Date: Nov 2007
Posts: 1
Default Pay Back Unempl?

In the last few months at work, things have been happening that made me want to look at my original contract like I should have before I signed it last spring. I had been working for an LLC for several years as a foreman and this was my first year in sales. My history with the owner goes back to the mid ninties when we worked for another firm. I joined him in his own business afterwords. With his 20+ years in sales and our friendship, I did not closely scrutinize the contract last spring.

1. The Unemployment I received last Jan/Feb was added into the amount I needed to sell as well as a price for using the company vehicle for sales.

2. Both his and my sales goals began dropping during the summer. Although it must be stated that our closing rates for new clients were very similar.

3. There is a stipulation in the contract to pay me an extra $ amount each week which would be worked off if I did not meet the added sales goal. At any time they could excersize that option and adjust those weekly commission advances. He chose to excersize that option in Oct.

4. Also in Oct I received an email from the office sec, (Employer's wife), which was responding to a letter from one of my clients. Essentially, the client forgot my name and the sec included my boss' name as a contact.

5. In Nov they reformulated the actual contract to fit what they paid me to date and how much I actually sold. They left out the unempl, but included paying them back for their 3 % match toward my SIMPLE/IRA. They also included a vastly reduced vehicle charge (apparently their actual cost), but added an inflated mileage charge for taking the vehicle home. At this time they had me leave the vehicle with them for the last week I was working off hours with no additional pay after which I could apply for unemployment for the winter.

6. I do remember when I first signed the contract they said the base salary was entirely their risk if I did not reach the sales goal. The extra $ paid were to be worked off if necessary at any time.

7. Lastly, the non-compete is for 3 years not to contact their clients.

8. I would like to be able to leave the situation in a positive way, but I don't know of a way to do that. There is no way I can afford a lawyer. If they take me to court for non-compete and they lose, do I still end up with lawyer and court fees?
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