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I am going through a legal dispute with my employer in

I am going through...

I am going through a legal dispute with my employer in regards ***** ***** being paid out upon termination

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

I haven't discussed with a lawyer yet but with a friend that has a law background. She recommended I talk to an attorney specializes in employment law but seem with her general knowledge that I may have a case HR is one of the co-founders (husband/wife) owners and she doesn't have the power to deal with the authoritative nature of the CEO

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I don't belong to a union. I AM an at will employee however there is a compensation plan and agreement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Does the lawyer offer a free consultation? My company and employment agreement was signed in California so should fall under CA labor laws however the company moved me and myself to Georgia but no new contracts or documentation were signed.

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Answered in 1 day by:
4/23/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

If you were living and working in GA, and it is in that state that you earned the wages which were not paid to you, then you should actually take action in GA. (You can attempt CA, but they are most likely to hold that they do not have jurisdiction).

Unfortunately, GA doesn't have a wage claim process through their state level Department of Labor. You could attempt the federal DOL office in GA, but if they turn you down, you'd need to file a small claims court action in GA.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 3 months ago
HI Allen,So if this falls under GA law per your previous email wouldn't this constitute; O.C.G.A. 10-1-702.Under this section it clearly states that all commissions need to be paid in full within 30 days of termination.I'm assuming you're just informing me that if not paid I can not go to the GA labor department and will need to go Federal or to small claims court.... Look forward to your response.

Correct. You absolutely have the right to be paid here. The state laws support payment of wages and commissions in every state.

My point was that, unfortunately, there isn't an easy mechanism for you to retrieve that pay and enforce that law, as there is in many other states. In most states, you'd just go through your state's DOL. You can't do that here, but rather, have to attempt to enforce it through small claims court or the Federal DOL.

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Customer reply replied 3 months ago
Last question and then I will gladly provide 5 stars.So my initial employment contracts had a compensation agreement included that did NOT specific any termination of commission clauses. That being said an updated compensation agreement was provided that DID include language in reference to termination commissions. This was never signed or included in an amendment to my contract. The transaction in question was a signed contract from 2017 that is pending payment after my termination date. Let me know if you have any questions and thanks for your help.

When you are talking about employment agreements, most of them are not actually true contracts. They are "at will" employment contracts. An at will contract can later be altered.

For a contract to not be at will, it must have language in it which clearly indicates that the terms of your employment cannot be altered without your consent. Otherwise, all the terms of your employment can be altered at any time, and all it requires is notice to you before the change takes place. They don't need you to sign your agreement, though that would be more wise.

If they have an updated compensation agreement and it was provided to you before you were terminated or left, they technically can allege a basis for enforcement of that agreement (which isn't an agreement at all...just notification of their new terms).

If you didn't receive notice of this "change" until after you left, then they failed to notify and it could be considered unenforceable.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified
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