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.
That is wonderful news. Would you know a particular person we should call? I've been involved with different issues (a horrible divorce, and employment litigation) that I thought it was an awesome case until the TWC told Kirk they couldn't enforce the PayDay law. I believe the case could even go into a med/mal situation as he obtained a secondary infection in the hospital - but that aside. Everything you stated was correct. What he will never prove is the verbal agreement on commission for saved accounts. When he requested agreements in writing or effectively responded to the CEO (in China) restating their agreement on the $10,000 his ThinkPad suddenly crashed (I launched IBM.com and that doesn't happen) and they took his computer for a week and the CEO's brother removed information from his computer. It's an evil situation - and I'd bet there is Deceptive Trade Practice, Internet Deception, International / Federal Trade Violations and more regarding this company. We have a question: This is a small business so does that change your response - as far as I investigated they own several companies, but the two main companies have less than 50 employees. But we are not sure about China. I've found the CEO, Helen Fu as the Owner of numerous companies selling the widgets and fidgets that make up the products she sells to SYSCO, WALMART, SAMS CLUB, HEB and other large corporations with policies to hire minority owned companies in procurement. Mighty Lift is a material handling manufacturer that manufacture and distribute forklifts, dollies, floorjacks and as far as I know they've let their FTC registration expire for several products and do not have a federal trademark and claim federal approval by ADA for another product without documentation....this is a real liability that they sell mobility devices "approved by the ADA" and aren't really approved......When he was terminated they claimed he had not "achieved sales" although he was moved to "customer service" with a commission base to save the company. And then they stated that he supplied false documentation prior to employment - although he was hired by a recruiter and there was an agreed background check prior to employment. It was a fluid situation - they hired him, they negotiated and signed a contractual agreement, and they terminated him without notice, thus violating the contract. He was never warned, written up or told his performance was less than expected....Does the less than 50 employees hurt the case. Don't forget to give us a name - and contingency is great - I think they could take the company from her (all of them).
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