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Question

I was working for a small company in a sales capacity. My boss was a raging lunatic who would constantly berate me in public. He created a very hostile work environment that made me very uncomfortable. I actually recorded one of our last conversations where he threatened me with bodily harm if I did not keep quiet. I am a white male so I am not sure if this would qualify for harassment? I am wondering f it's worth pursuing. Furthermore, the company is with-holding my commission from the sales I earned during my tenure. I am very frustrated and not sure what I can do. Can you offer any advice?

Submitted: 33 days and 3 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: United States

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I have called HR twice regarding my commission but they did not have an answer.

Posted by Dimitry Alexander Kaplun 33 days and 2 hours ago.

Info Request

Anyone, white, black, brown, or any spectrum can be harassed--it is not skin deep. How long has this harassment been going on? How long has your commission been withheld? Are you still employed there? You stated that company was small--how many employees does it have, about?

Edited by Dimitry Alexander Kaplun on 10/21/2009 at 5:46 AM

33 days and 2 hours ago.

Reply

I worked there for just under 3 months (July-Sept 09). The harassment was primarily during my last two weeks. I was let go although the decision was mutual. After two weeks of constant berating, my boss found a way to get me fired by exacerbating a petty situation, ultimately creating a lie. He would not allow me to get a word in. He specifically said, "I will bodily throw you out of my office if you say one more word." The company is considered a small business with around 50 employees, roughly $50-100M in annual revenue.. They are a tier 2 manufacturer of desktops/laptop computers, servers, etc and an IT government reseller/contractor. My commission has been completely with-held. I have not received a penny for any of the sales that I produced while I was there. If I were still employed with them I would not have received my commission until the second pay term of the following quarter, which would fall within the last two weeks of October. I have called HR twice to find out if I am even going to be compensated for my sales but she keeps telling me, she doesn't know, that the owner/CFO has not given her an answer. I hope this helps. Thanks

Posted by Dimitry Alexander Kaplun 33 days and 2 hours ago.

Info Request

That does help. Do you know the amount that you are owed by the company, about? And what state is the company located?

33 days and 2 hours ago.

Reply

They owe me about $2400. They are located in VA. I also just want to reiterate that I have his threat recorded, not sure if that means anything. In addition to not being paid my commission, I am just as curious to know if I can pursue legal claims against him and the company for the harassment.

Posted by Dimitry Alexander Kaplun 33 days and 2 hours ago.

Answer

You probably could pursue the harassment threat, both in the scope of employment (you can legitimately argue wrongful termination, harassment, discrimination, retaliation, and hostile work environment for starters) and also civilly (that is, simply against the company and boss as their agent). You can also possibly attempt to file criminal charges for assault, file for a restraining order, and also file in small claims for a return of your commission payment.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

33 days and 2 hours ago.

Reply

Thanks! However, you say I could pursue these claims but I am wondering if it's even worth it?? Would I be spending more money on lawyer fees than I could ever hope to get out of it? Assuming we'd come to some sort of settlement, I guess I just want to know if you'd consider this a legitimate case worth pursuing based on the information that I provided.

Accepted Answer

I suggest you speak to an employment attorney first--if you end up pursuing an employment claim and your claim is good enough, the attorney may take it on contingency. Otherwise the company probably has deeper pockets than you and therefore they can spend more money on counsel then you can, unfortunately.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.



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Expert: Dimitry Alexander Kaplun
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Answered: 10/21/2009

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