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I work for a company that pays commission. I understand the…

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I work for a company...
I work for a company that pays commission. I understand the chargeback policy and my company's particular chargeback policy covers a sale for 180 days. After 6 months chargeback are not permitted. However, my company took sales away from me for a period of 9 months. Also, I was told specifically by two members of my management team to place particular types of orders through one individual. Later on, all my sales that were placed through this particular person were taken away from me and charge backed regardless of the 180 day period because my company said that only one person could receive credit for the sale. And even though I created the realstionship and made the sale the person I sent the sales to that actually ordered the product sold received credit instead of me. I understand that duel compensation isn't permissable under the compensation agreement, but the person whom received credit for the sales was a non-commissioned employee, but because my company keeps a dashboard for the number of orders completed by these non commissioned individuals and these dashboards #s impact the year end bonus for these non commissioned employees (commissioned sales people not eligible for bonus) then it was seen as dual compensation . I was chargeback nearly $40000 and I ended up having to borrow money and writing a $7000 check to my company at the end of the year to pay for the chargebacks. For the last 5 months of the year I paid my company to work and did not receive compensation for my work. Do I have any recourse against my employer? I really feel they not only did wrong based off the compensation policy, but for me to pay the company to work and not have a salrie was just plain wrong.
Submitted: 7 months ago.Category: Employment Law
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Customer reply replied 7 months ago
I live in TX and the company is US based in the same state.
Answered in 4 hours by:
12/6/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,932
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for that information. Based solely on the information that you have provided, it does sound like you would have a breach of contract case against the employer for violation of the chargeback policy, and may also have a wage claim against them. When I say, may, on the wage claim, that depends on whether or not you are an inside sales person or outside. If outside sales, then the FLSA minimum wage and overtime rules wouldn't apply to you. This is a link to the exemption: https://www.dol.gov/whd/overtime/fs17f_outsidesales.pdf

If you were, instead, an inside salesperson, then you would, in addition to the commission issue, likely have a minimum wage claim against the employer. In both cases, because of the amount, you will need to seek out a local employment law firm to file suit for you.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 6th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

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In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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