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Ask wallstreetfighter Your Own Question
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17248
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am leaving employment with a group (Phoenix, AZ) believing

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I am leaving employment with a group (Phoenix, AZ) believing I am entitled to more pay than I have received. The contract reads that I am entitled to 85% of collections over 250k receivables (there is a base salary). Since I am leaving to work at another hospital, I will have worked 5 months at the place I currently am at. Is it reasonable the $$ received from my billing be prorated for the five months, and I paid accordingly? The contract does not speak to this issue and my employer is not inclined at this point to oblige my request, stating "I'll have my lawyer look at the contract."

wallstreetfighter :

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

wallstreetfighter :

In terms of pro rated wages, you should be paid as per the contract,

wallstreetfighter :

you would have to be paid 85% of anything over the $250,000 threshold, and should ask for it in writing,

wallstreetfighter :

In terms of legal actions, this would be a strict contract matter,

wallstreetfighter :

as with commissions, an employee is entitled to earned commissions, after they leave,

wallstreetfighter :

If the $250,000 threshold was not met, it would be more difficult to enforce such a provision,

wallstreetfighter :

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,

Customer: replied 4 years ago.

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?

The verbal assurances can be litigated in Court, however if you do bring legal action the Court will force him to provide you with a formal accounting of the revenues, in fact you can allege a breach of contract as well, if he has not provided you the accounting as promised verbally.
Customer: replied 4 years ago.

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!

since it is not clear either way, the fact is that you can make a strong argument that you should be paid as per the clear language of the contract, and you should consider making that argument to see if you can obtain a proper settlement.
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