What to do if my company has not paid me correctly since I was a vendor and supposed to get commission but got paid a base salary instead?

What action should I take, is it possible for me to take this to small claims court and settle?

Asked on June 11, 2012 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there was an agreement--preferably a written one (since it is much easier to prove its existence and also its terms), but even an oral one--in regards to how you would be paid for the work you did or services you provided, that agreement is enforceable as a contract. If not paid pursuant to the agreement, you could sue the company for the money you are owed (the difference between what you were paid and what you should have been paid). One option is to represent yourself in small claims court. You would need to prove the terms of the agreement, whether by documentary evidence or testimony, and that you did the work you say you did, pursuant to those terms.


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