1099 employee with business half way complete for company falling apart!? what do I do?

I am a 1099 commission paid sales rep for a construction company. The company is owned by 2 owners the majority owner and the minority owner. Both owners the Majority lives in Texas and I have had no contact with and barley any dealing with in the last two years, the minority lives in Ohio and has been the one paying me for the last two years. Both owners took the business they were bringing to the company and put them in their own accounts and ran the business through those accounts. Both of them doing their own things in two different states. Now whats going on is the on in Texas the majority thinks the minority is stealing from him by putting the money from company A into his own accounts labeled company B. Company B the majority owners business all adds up and there are records for company B to match company A so both owners know minority company B wasn't stealing or doing things that he couldnt account for, for company A. Meanwhile Majority company C has company C in Texas and cannot account for his doings with company C and present them for company A. Both company B & C D.B.A. off of company A. Now while all that is going on I am a "supposed" sales rep for company A and have a bunch of business that needs finished up, and I still need paid on along with about 3 other sales reps who are in the same boat as me here. Meanwhile on top of all that the minority owner has "gone" to work for another company aka his good friend and is running the same type of operation as company A under a different company name labeled company D, with the same 1099 sales reps of company A which none of us sales guys have signed a non-compete or any other types of agreements beside pay percentages. Now minority owner company A,B, and D says he has done nothing wrong and all his books are accounted for, but he wants nothing more to do with company A, and wants the sales reps and I to finish all the work, turn it into him, and see if majority owner pays us. Now minority owner has always been the one to write the checks and pay everyone. majority owner has cut him off all accounts and there are some issues with the accounts I guess. My question is what do the sales guys and I go or do from here? Majority owner has a history of not paying people. Im just really confused, and need some good advice and help to hopefully get this figured out. I am still owed a decent amount of money and so are our reps. We dont know what to do with minority owner wanting nothing to do with company A, and that is where are business is. Also minority owner has been putting business under his new business company D for some time. I need help please!!!!!!!!

1 answer  |  asked Sep 9, 2011 2:02 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
You are in a difficult position and must sort out what you are owed by whom. You can stop selling for Company A and file against Company A for unpaid commissions. You can also seek compensation by the minority owner if he is to continue using your services as a commission sales representative. I strongly recommend that you see an employment lawyer near you and go over all the transactional work to see what you are owed and what is worth pursuing.

You can select one near you at www.oelasmart.net/directory

Take your documents and get this sorted out.

posted by Bruce Elfvin  |  Sep 9, 2011 2:15 PM [EST]

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