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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I am paid a base salary plus commission. My company was bought

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I am paid a base salary plus commission. My company was bought out by a smaller company that can't seem to figure out how to pay the commissions. One piece is a sale being confirmed as an order in process. Since January they have had the wrong sales code for me. Another piece of my compensation is on billed revenue, I have an account that bills over $20,000 a month that I have not gotten credit on since may 2012. This is a confirmed error on the companies part, yet I can't even get a response to email questioning resolution. I've been at the company 14 years and always been on a yearly plan, this year in spite of the above issues im at 137% Now suddenly the company decided to do a start over or a mandated fresh start which basically nullifies my efforts and a large part of my compensation by starting us back at the beginning. What are my rights? You would be hard pressed to find one employee that is not angry about these issues.

Thank you for your question.

If I may ask, how much are you estimating you are owed?

Customer: replied 4 years ago.
It's hard to estimate but conservatively around $3200. It's more than the money it's the amount of time I know have to spend just trying to keep track of all of it and find out what is missing. I have a sales objective every month I have to hit. They have cut support personnel drastically and now I have to keep track of compensation. Not too mention when I do find it I spend months trying to get it fixed. It's unfair that I will get fired if I don't hit my objective but now have to do 2 other jons on top of mine. Also recently they took a big account away and didn't replace it with anything. Still have the same goal. My vp said he wished he had more reps like me, ( I have this conversation recorded) and thy I did exactly what I was supposed to but a new person at the company thought I was "too aggressive". They ended up buying exactly what I had proposed 1 month later from us.

Thank you for your follow-up, Shauna.

I am genuinely sorry to hear that you are in this situation but there are options. First of all the company cannot simply 'wipe out' the debt that they owe you. That is compensation you have earned, meaning that you are entitled to such benefit. While they could change the compensation structure moving forward, anything you earned before the change is yours to receive. The reason I asked about amount is because in Arizona small claims courts only have a $2,500 limit--while you can take the employer to court for damages and this debt, if you go to small claims you would lose out on a part of your obligation. Your other options would be to instead go to the Department of Labor and file a wage grievance with the state, or take the employer to a higher court for the full debt that they may owe you. But you can absolutely make them pay you back what you have earned.

Good luck.

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