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Old 07-12-2010, 12:41 AM
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Default US Loan Auditors vs Nicholaus T'Souvas

US Loan Auditors filed suit Nicholaus T'Souvas to compel his wage claims be arbitrated in private instead of the California State Labor Commissioner

Quote:
5. On or about January 12, 2010, T'Souvas filed an administrative wage claim


19 with the Labor Commissioner challenging US Loan Auditors' alleged failure to pay
20 T'Souvas certain commissions. Proceeding before the Labor Commissioner is improper
21 both because T'Souvas was an independent contractor not an employee, and because

22

T'Souvas is required to arbitrate this claim pursuant to Section 13 of the Contract. See
23 Whaley Decl., Exhibit A, Section 13. Even if T'Souvas were an employee, by entering into
24
the predispute Contract that includes an arbitration clause that governs "any dispute arising
25 out of" the Contract, a contract also governed by the Federal Arbitration Act, 9 U.S.C.


^)f\ 1, et seq., T'Souvas waived his right to bring a claim before the Labor Commissioner


Quote:
promised rate of compensation of:
Commissions of 50% of the upfront fees charged to borrowers less $695.00.



Commissions earned February 24, 2009 to July 3, 2009 at 50% of the upfront fees charged to borrowers less $695 00, claiming
$10,663.75 less $2,270.00 paid. Balance claimed due: $8,393.75. See the attached Exhibit A.


Quote:
Independent Contractor is to be compensated on a commission basis only. If the Indcpendent Contractor's efforts result in the client ordering a loan audit through US Loan Auditors and legal processing through US Legal Advisors, the commission shall be 50% of the up front fee charged to the borrower for The loan audit less administrative expenses (currently S695), to be paid within 30 days of the payment from the Client and clearing US Loan Auditor's account.

By way of example, if the audit fee was $2695. the resulting commission would equal $1000
Attached Files
File Type: pdf Souvas.pdf (1.03 MB, 1240 views)
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