My previous employer owes me money…can I sue him?

by admini on November 1, 2010

I was a case manager at a personal injury law firm in Manhattan. I was told in my interview that I would get a percentage of the cases that I settled (before trial). The percentage ranged from 1-5% depending on how much work I did on the case. I settled 1.3 million dollars and never saw a dime. He refused to pay me. He would not even see me to discuss the situation. I have since moved on to another job. Can I take legal action towards him? Will small claims court see my case? Can anything be done in this situation? (It is important to note that NOTHING was ever put in writting, it was all communicated verbally. )

Thank you.

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{ 5 comments… read them below or add one }

Chauncey Q. Buttercup November 1, 2010 at 3:45 pm

"An oral contract isn’t worth the paper it’s written on." – Sam Goldwyn

Bishop McFeely - Altar Boy Lover November 1, 2010 at 3:45 pm

"It is important to note that NOTHING was ever put in writting"

Then you have no case. He knows this. That’s why he won’t see you.

vote no for the party of no November 1, 2010 at 3:45 pm

you could sue but you have no real proof

Hd November 1, 2010 at 3:45 pm

you work(ed) in the legal profession and you’re asking strangers here if you can sue? of course you can, the amount you would sue for is more than the maximum amount allowed in small claims so you’ll need a lawyer. did you ever receive a percentage from other cases you settled? if yes then it’s obvious you had a legal verbal agreement with your boss. if this was your first case or never received a percentage from other settled cases then it might be harder to prove you had an agreement. talk to a lawyer, hopefully a honest one. good luck.

Wholesale Dealers February 12, 2011 at 1:49 pm

Well! you have no evidence that you had a verbal agreement, but still there is a way. You can sue him for the work you did on case if you are able to show and like HD said if you ever worked for commission before, it will help you.

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