Rights to Designs Produced on the Job

[davidmcbeth3]

This is my point... I wasn't paid for them until they were completed. He has a group of them now which he has not paid for; I was not employed as the designer it was a second "job" that we never resolved compensation for. I was paid hourly; he didn't not pay me for the time at home; he only paid a commission once the job was paid for. .

It appears as if there was an agreement that you get commission for your design work (that's fine I think) .... its just that he owes you commission.

If he does not pay you commission then I think the employer would lose any rights to the work product until he pays you. Unjust enrichment.
You may be able to collect 100% of funds that the business obtained through the unjust enrichment.

Have no idea what type of design job it was (interior, mechanical, chemical, etc.).

They are going to have a hard time saying you got paid as you were an hourly employee that you only got paid for the non-designing time periods.

Stop using the term "salary" if you were hourly .. its "hourly pay" to avoid confusion.

[DaveM]

My advice is still that you should discuss your situation with an employment lawyer. Your commission agreement seems most strange and I think you've been screwed out of the hourly wages that you earned as a custom designer. Clearly you have received no pay for your last 10 designs. I do not believe that you have any "rights" to your design work, it was a "work for hire" situation.