INDEPENDANT CONTRACTOR OR EMPLOYEE?

[Evieariel]

I, of course, came in at the wrong time, but I thought, since things were slow, I could learn a thing or 2 about the real estate biz. I posted my CV on Craig’s List where I was discovered by a firm located in Beverly Hills. Mr. S told me about a great opportunity that he had working as an executive assistant for him. He stated his last assistant made 60,000 the first year and 100,000 the second year.

We discussed a salary base of 3000 a month plus 5% of HIS COMMISSION with a monthly draw of 500 contingent upon receiving my license. So I was hired in August of 07 and met the assistant that was leaving. He trained me for about 4 days, which was paid in wine ?????

There was EXTREME tension since the office is divided into two parts so you are at his beck in call. He expressed get everything in writing no matter what. He said, while my boss was on the other side, everything that I am working on now is yours and you will get your 5% commission. I received my license in December 5th of 07. I gave a copy to the controller of the company and she gave me a broker agreement contract to sign. I didn’t even work for him! Mr. S paid me not the broker. Mr. S was suppose to give me an amendment to the contract. Escrow closed on a the office building, December 6th of o7. So I wondered why I did not get a wonderful smile from him when I told him the good news. We even went out to lunch to celebrate! I worked extremely hard to learn a new design & real estate programs, contractual information plus the day to day demands of the office. Months go by and still nothing.........putting together BPO's (graphics and spreadsheets) and still nothing. Then when I got the courage to say something he said business is slow and cut my hours in half.
He also said that property was never mine and even if it was mine not to say that you owe me money..(500 dollar draw) and I thought I owe you money what???? Legally you cannot except commission until you are a licensed. So, with that being said, my contract did not go into affect until Dec 5,07.

He owes me my commission and never paid me. He said if we get this and if we get that then you will come back full-time. There were deals being closed without my knowledge since I was only there part-time. I had copied as much as I could but still I have no idea how to find out. I know that there is 4 properties that closed while working there. But all the lies and backstabbing going on I never saw the paper work only the escrow instructions.

I never agreed for my commission to be cut out as well. I was worked to death and got him through a tough time with nothing but a verbal agreement. I tried to get the other assistant to call me but he never returned my calls. PLUS ON TOP OF EVERYTHING HE W-9'S ME. I do not even qualify as an independent contractor. I came in at set times and he dictated what he needed. I had to pay taxes on 15,000 dollars !!!!!! So from my bad experience I am wondering what any of you think and if I have a case. I am already putting together a demand letter but he thinks my beauty far out seeks my brains.

Evie Rubinstein