I need my contract review. I talked to the owner of the business and to them it is correct but I need to talk to a

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Customer: I need my contract review
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I talked to the owner of the business and to them it is correct but I need to talk to a lawyer
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: Salary plus tips and plus commission, sometimes a bonus
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My issue is about the pay and the contract being not followed
Answered by AttorneyExpert in 55 mins 2 months ago
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AttorneyExpert, Expert

Hello, I am Zachary and I will be your personal expert assisting you with your legal query today.

I am a licensed attorney to practice law and I have many years of experience in this field.

Thank you for choosing Just Answer with your query.

I will respond again in a few moments with my full answer to your question.

Feel free to ask me any follow-ups, I am here to help you as much as I can.

As to help you understand the kind of service that I am able to provide on JustAnswer, please note the following:

1- We lawyers are allowed to provide general information only, such as providing descriptions of general principles of law, and shall not provide legal advice.

2- I am not permitted to apply my legal knowledge or skills to resolve or advise your specific factual circumstances described in the question, such as proposing a specific course of action

3- I am not allowed to form attorney-client relationship on the Platform; however, we may do so outside of the Platform.

I am so sorry about your situation. I understand that this must be tough for you and I will do my utmost to help you deal with it.

You mean, business owner is in breach?

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AttorneyExpert, Expert

I assume the business is in breach and if that's the case, you may choose to sue accordingly

What I can do is advise you to write a formal letter to them and make your demand clear. If they are not compliant with your demands, you may have to write another letter threatening them with breach of contract. You can either draft the letters yourself or hire a local lawyer to do it on your behalf.

In case this goes to court, you may sue in small claims court if the amount is under 10k. For the most part, there is actually no minimum you can sue someone for. The limit for the 50 states is usually up to 10,000. Only a handful of states allow for more than that.

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AttorneyExpert, Expert

Thanks again for using Just Answer and allowing me to help you.

I am just checking to see if you fully understand my answer and ensure that I have provided the service you are looking for and that my is complete and helpful.

Please follow-up with anything you like and if any part of my answer does not make sense to you, I will be here to assist you.


Customer
Can I send you a picture of my contract?
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AttorneyExpert, Expert

Yes, you may

Customer
Customer attachment 9/23/2022 12:04:53 PM
Customer
That's my contract. So it states that I'm supposed to receive 50% of my tips. However I only receive 45%. 50% goes towards the owner/company 5% goes to the supervisor. Also is it legal for the owner to take tips from me? If so how much is she allowed to take in the state of NC? Also I want to inform you that I got paid $10/hr plus commissions, sometimes a bonus, and then my tips.
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AttorneyExpert, Expert

I am sorry about that

You are entitled to receive your tips and if they refuse you may threaten them with a lawsuit

Customer
what they did is illegal? They don't have the right to take my tips at all?
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AttorneyExpert, Expert

Exactly, they cannot take your tips at all

Customer
How much would I pay the lawyer if I file a lawsuit?
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AttorneyExpert, Expert

This depends on how experienced the lawyer you hire is

Customer
I see. So the reason why I'm asking all these. As you can see it states that I have to wait 2 years before I can microblade again from my resignation date, if I don't follow it I will be fined $10000. I'm planning on continuing doing service in this field. Do you think this is good enough evidence to fight back. Like if she sues me then I can counter her back with this lawsuit since she didn't follow the contract?
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AttorneyExpert, Expert

I see your point

Yes, this evidence is good enough

Customer
Do you think this lawsuit is strong enough to fight them? Is it a strong enough threat for them to back out from suing me for continuing giving service?
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AttorneyExpert, Expert

Absolutely

Customer
Okay one last question lol How much would I get if I sue them? Because I worked for at least a year under her
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AttorneyExpert, Expert

You may name any number and the judge will decide what's reasonable

Customer
Got it! Thank you so much! I appreciate your help!
Customer
I'm so sorry I have another question. Since she didn't follow the contract will she be giving me that $10000 stated in the contract?
Customer
I mean is she supposed to be giving me the $10000 for going against the contract?
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AttorneyExpert, Expert

Correct

Customer
Thank you
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AttorneyExpert, Expert

Anytime

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