Agent Broker Commission Dispute... Please Help!

[Amanda Moreno]

I am a new real estate agent and briefly worked as an apartment locator. During the time that I worked there, they made it mandatory that all agents make office hours, and if we weren't in the office, then we were to inform the manager of our whereabouts during business hours. I no longer felt like an Independent contractor, but an employee. And because of this I decided to leave. During my time there I invoiced $2,809 and with my 50% commission split, I am owed $1,404.

After I left, I spoke with someone in corporate asking how I will receive my commission checks. He simply said that they will mail them to me. Over time, the company kept me on their mailing list and I saw one day that I finally had my invoice paid. So without hesitation, I called corporate again stating this, and he assured me that my check had been mailed to me.

A week passed. Still no check. So I called corporate again, and stated that the person who I spoke with the week prior, had assured me that I would receive my check in the mail, yet I still hadn't received one. The girl I spoke with put me on hold for a long time. When she finally returned her tone had changed significantly and she said that I will not be receiving a check after all. I will be receiving a letter explaining why, and to wait for the letter to arrive. And then basically hung up on me.

The very next day I get a letter in the mail. It says:

"Hi Amanda,

I wanted to give you the disposition of your account with us. Please find the Accounts Receivable report and Draw Account report with which are included. There was a $2000 training fee applied to your account which is normally to anyone that leaves before 6 months per the agreement. If rehired we will reimburse this fee after six months of employment.

Sorry to see you go.

Lance Wilson
Wilson Tindall & Associates, Inc"

Keep in mind there was no signature or letterhead.

I know you are probably thinking, what did your contract say? The sad thing is I don't have a copy of my contract which I have asked for. They aren't being very cooperative. The way that they got me to even sign my contract was shady. During a busy office hour, my manager came up to me and the other new girl, and said, "I need you to sign here, here, and initial here" while she stood over our shoulders. And then she took our contracts and I never saw it again.

I do know of an agent that worked with me for about the same time and when she quit they did not charge her a training fee. In fact in the contract that she signed, which I'm pretty sure they make all agents sign, no where does it state anything about being charged for a $2000 training fee for leaving before six months.

My question to you is, Is it legal for them to withhold my earned commission from me? I basically worked with them for 8 weeks, was treated as an employee and now have nothing to show for it.

I'm completely broke, having just started out. I can't even afford legal counsel. Any advice will help.

Thanks.