FindLaw Answers Started by teacup_222 , Jan 23 2014 04:14 PM Please log in to reply 2 replies to http://socallawsupport.com/ this topic 1 posts Posted 23 January 2014 - 04:14 PM I am suing my last employer for non payment of commissions. I was walked to the door ten months ago when they learned I had taken a position with a competitor. I have a long paper trail, a very good case in Massachusetts. They owe me close to 8K. In Massachusetts, non payment of any wages commissions included are subject to treble damages, and legal fees. This could be very costly for them.
As soon as they were served they want to settle, for way less than I want.
Now, they are threatening to counter sue me for "breach of fiduciary" if I do not settle. This I really lame, as I was a sales consultant. I was an hourly employee with absolutely no authority. They had a camera behind me at all times while I sat at my computer. I have been on hundreds of web sites, no where could I find a sales consultant as a FIDUCIARY. Anyone have any information on this??? Posted 23 January 2014 - 04:22 PM Threats are a dime a dozen.
58,300 posts Posted Yesterday, 10:48 AM They're free to threaten what they please (though as to some threats, naturally, that would be a crime).
On the one hand you recognize their threat as lame, and on the other you're not asking folks to confirm its lameness but asking whether they have a point. Why? Even if they countersue, I wouldn't worry about more than the time it would take to draft the layman's version of "this is ridiculous; court, please dismiss it." If they want to spend thousands on a silly countersuit instead of paying what they owe, that's their choice and there's nothing you can do to stop it (but cave, I suppose). I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/228988-employment-law/