He was the Business Development VP but ran the entire company - as the Owner was in China the entire time he worked there - selling an electric scooter that competes with segway and is ADA approved...kind of NOT! His base salary was $80,000 and plus sales commissions forecasted to exceed $60,000 annually plus benefits and bonuses. Had he earned his commission his overall salary would have exceeded well over $140,000 per year. That is a key issue, as his female CEO (in absentia) stopped allowing him to actually sell until he was able to gain control over current dealers (he sold dealerships - he is a franchise sales expert) that were defecting due to lack of customer service. So for months he was saving the company and acting as CEO. The CEO offered to pay commission on dealers that were saved. But after he raised red flags about possible deceptive trade practices he uncovered when speaking with current dealers and partners (even the City of Houston) he was ostracized and she basically broke every employment law I've ever been aware of - and privately I've won 3 employment lawsuits against huge companies.....
So his base for 30 days: approximately $7000
Medical was cut off (even though he paid it in the previous month) resulting in over $100K in hospital bills after he got sick 3 days post termination....and no COBRA documentation was ever sent to us.
Had he been making sales his commission was forecasted at an additional minimum of $8,000 per month..
Had he been paid for the agreed customer service commission's on saved cancellation of orders for the month prior to his termination - he would have received another $10,000.
Total loss via contract is really the base salary right? $7000 or could it be the total of $25,000?
What penalties are there for non-compliance with COBRA? Is there merit in suing them in Oregon?
the company is Mighty Lift, Inc. Houston, Tx
Question: We pursued this via the Texas PayDay law and the Texas Workforce Commission just blew us off. Because of his illness (I am disabled and we have a 4 year old) it nearly made us homeless when we are accustomed to living a nice lifestyle. We are now living off unemployment and my disability and you know what the job situation is like....it's been very hard. I think he should have a great case for punative damages along with the base salary.