Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
In terms of pro rated wages, you should be paid as per the contract,
you would have to be paid 85% of anything over the $250,000 threshold, and should ask for it in writing,
In terms of legal actions, this would be a strict contract matter,
as with commissions, an employee is entitled to earned commissions, after they leave,
If the $250,000 threshold was not met, it would be more difficult to enforce such a provision,
however it would be worth it to retain a local employment attorney to threaten legal action so you can see if the employer would be willing to settle,
Thank you, XXXXX XXXXX been somewhat helpful. My employer has verbally told us he would get the numbers to us on a regular basis (or have the billing person do so), which has not happened. Can I hold him to things he has verbally agreed to do but hasn't come through on this? I agree with your advice to retain someone local here to help put some pressure on him - when I told him I was planning on leaving he, verbally, agreed to increase our base salary assuming the 300K would be met (told me he would give the 85%) - but I'm not staying with him, so is this lost or can it be prorated for the 5 months I did work for him?
I appreciate your response, and believe we put pressure on him to just go ahead and pay me the approximate 3K/month for the five months I worked for him, in lieu of providing all the accounting, as the collections dribble in over the next months. I don't think he wants to give us all this information, for some reason
To clarify, it sounds like since the contract does not stipulate what would be done if an employee leaves in the middle of the year (as in my case), it may be difficult to legally hold him responsible to pay us in a pro-rated manner. I do not believe he put a lot of time into this contract, nor has he delivered me a copy he has signed. He has been a good employer, except we don't think he's giving us what I deserve!
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