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Justice4U
Justice4U, Attorney
Category: Legal
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Experience:  Broad base of legal experience.
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1. Resign from a company, WA, they refused to pay any commission

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1. Resign from a company, WA, they refused to pay any commission after termination. I only got less that 5000 of the 13000 during employment.(The agreement I signed said, they don't usually pay commission after termination. They pay in some exceptional circumstance.)
Portion of the commission comes from my overtime working(I have timesheet approve) I did not get paid.
2. company claimed that they did not receive the money from customer so they don't pay to employee.(The agreement I signed, said the commission only pays to employee after collected from customers) It could be an excuse since there is no information given to employee that which transaction received the payment.
3. Failure to fulfill a promise that the employee relied on when accepting the position.A.
In his email mentioned "Some employees can reach 140000 and 170000 annually." When I ran the reports drawing the timesheet data from the system, it is impossible.
B. "If the rate is $165/hour, will reach 110000-120000 annually." I did not know until onboard that Internal project is $0/hour; support project is below 165, could be 120 or 150. It is also a lie.
My question:
1.Is it possible for me to get the money back?
2.Is it legal to keep the customer payment information secret to employees when the commision takes above 50% of the total compensation. Can I ask them to publish this information?
3.Is it legal for his misleading statement to speak me into signing the employment contract?
4.Internal project, they cannot claim that they did not receive money from. Is it possible to get the money for internal project?
Submitted: 3 years ago.
Category: Legal
Expert:  Justice4U replied 3 years ago.
Hello,

I appreciate your use of this service. I will be assisting you with this question. When we are done, please remember to click ACCEPT.

It is permissible for an employment agreement to pay commissions only when certain conditions are met including payment by customers. Your concern is whether the employer is accurately reporting this information to you. Generally, an employer cannot be forced to provide the information.

There is a way to obtain such information. If a civil suit is filed, a discovery request can force the production of those documents. Then calculations can then be made to determine if commissions were properly paid. A civil suit is the route to collect unpaid commissions, but an attorney will be needed.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The information supplied is not legal advice. You may only obtain legal advice from a local attorney in your state. No attorney-client relationship is formed. I appreciate your use of this service.
Customer: replied 3 years ago.

I have exported the time sheets information from our ERP system using a legal way. Can it be used in small court claim? I suppose the civil suit could be very expensive.

 

That record also approves the words in offer letter/email is a lie. Can I allege that "the employer Failed to fulfill a promise that the employee relied on when accepting the position"

 

Expert:  Justice4U replied 3 years ago.
Business records are generally admissible as evidence when relevant. The issue with small claims court will be the cap on recovery of $5,000. If you are seeking more than that amount, the suit would need to be filed in civil court.

The issue with failing to fulfill the promised pay may be a breach of contract issue. If the estimated commissions were not stated as definite, but were described as being variable, that most likely would not support a breach of contract suit as the terms were not sufficiently definite.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The information supplied is not legal advice. You may only obtain legal advice from a local attorney in your state. No attorney-client relationship is formed. I appreciate your use of this service.
Customer: replied 3 years ago.

I think you are right since they word very well to protect themselves. Here is some words I got in the document. Can you let me know the chance of a civil sue? and the cost? Thank you very much.

Termination of Employment. Generally, no commissions or bonuses will be paid after the termination date. In exceptional circumstances, at the Company's discretion, commissions or bonuses based on cash collected within 30 days after termination may be paid. In such circumstances, the Company may require a general release of claims in exchange for this discretionary payment.

Bonuses are not considered earned until cash is received by a client. Whether any such bonus is paid, and the amount, is at the Company's discretion.

While this is no guarantee and compensation is variable, if you bill 30 hours per week less vacation time over the course of the year, your total annual financial compensation is estimated to be in the range of $110,000 to $120,000.

For instance there are 22 working days in June or 176 hours available in the month of June, if you bill 140 hours in the month of June at $175/hour, you would receive approximately $7,350 plus your base salary.

Expert:  Justice4U replied 3 years ago.
One follow-up question before I answer this question please. Are you seeking commissions or bonuses?

Thank you
Customer: replied 3 years ago.

This is a good question. In offer letter it named Client Performance Bonus.

But unlike bonus, it is paid twice a month. In principle, it is more like a commission.

Expert:  Justice4U replied 3 years ago.
I appreciate the additional information. This is vital. A commission would be due as wages are due, but a bonus is completely discretionary and does not equate to wages. If your offer letter and employment policies indicate the sum is a bonus, then payment cannot be forced. It would need to shown that this was a commission.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The information supplied is not legal advice. You may only obtain legal advice from a local attorney in your state. No attorney-client relationship is formed. I appreciate your use of this service.
Justice4U, Attorney
Category: Legal
Satisfied Customers: 11314
Experience: Broad base of legal experience.
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