Do we have enough evidence for this to be a case?

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Do we have enough evidence for this to be a case?

Alright so my friend and I got a job working at a firework stand through another friend let’s call her Heather. The problem is we never got anything in writing but she promised to pay us 17% commission on card transaction and $20 on cash transactions. The commission came out to around $4,000. Now she is saying that she’s taking half of our commission saying she said that in the beginning and also taking around $2,000 of the commission to pay for stand fees and other nonsense. Today we sent her a text asking ‘did you or did you not tell us we would get 17% commission on everything we sold and she replied back with yes. Then her next text said but I had to take back money for the fees. Do we have a case to sue for all 4k since she said yes to the text?

Asked on July 17, 2019 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

What you describe, a text message admitting that she'd agreed to the commission, plus evidence of what the commission should have been (e.g. any records, documentation, etc. of the sale[s]) should be enough. Her text message will be admissible in court against her as an admission by a party-opponent (i.e. by the other side). You'll need to print out copies of it ahead of time: most courts only look at paper records and will look at something on your phone.


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