What can I do if I worked for an insurance firm for several months as a supervising agent and was required to interview candidates/train new employees and fire bad ones, all without pay, in addition to my duties as a representative?
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What can I do if I worked for an insurance firm for several months as a supervising agent and was required to interview candidates/train new employees and fire bad ones, all without pay, in addition to my duties as a representative?
Now, almost 2 months after I left the firm, I received a bill for about $400 in overpaid prepaid advances, as though I somehow owe this firm what little money I did make. Is there any recourse for the unworked labor or for the $400 invoice I received? I know as an independent contractor this is all or mostly legal but this entire situation is unethical and I don’t know how anyone should be able to get away with this.
Asked on September 29, 2015 under Employment Labor Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
An employer can have employees take on additional responsibilities or work without any additional compensation. If you were an independent contractor, you could in theory have refused to do the work though they then likely could have terminated employing you, but once you agreed to do the work without additional pay, you cannot after the fact seek additional compensation--the time to have bargained for more money, if you were a contractor, was upfront, before doing the work.
If you were paid advances vs. commissions, but did not fully earn out the advance, they can seek reimbursement of the unearned funds and even sue you for the money, if necessary.
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