Previous employer extremely unethical!!!!

[jlindy]

Man, I am pissed. I quit my job back in February 04 and had a good deal of January commission coming to me. I was promised this money when I left. A few weeks after I quit when I had asked for the commission, they informed me of a new rule that stated any commissions earned would have to be held for 6 months before they would be released. 6 months later, I ask again where my money is again. After weeks of no response, I finally get a response that says that I didn't sign a 2004 compensation plan, therefore; they cannot pay me. That is complete bull because I specifically remember signing it and turning it in to the office manager. In addition, the office manager went around and made sure everyone completed this task because if not, we would not be paid, so that is not something that I would ever forget. Either the corporate office really can't find it or that is just their excuse, but I know that if I hadn't signed it, they would have come to me sooner with this especially when paying me my last check.

Is there anything that I can do? Anybody ever dealt with anything like this? It's not a huge amount of money, but it really pisses me off and I am not willing at this point to just let it go.

 

[lemansnsx]

Is there anything that I can do? Anybody ever dealt with anything like this? It's not a huge amount of money, but it really pisses me off and I am not willing at this point to just let it go.

Yeh, I've dealt with this when a commission that was earned was not paid. All you can do is make a big stink and convince them that it is less trouble to pay you than to try to jerk you around. Have any friends who are attorneys who would be willing to make a phone call or two in nice aggressive tones? Any friends with wide shoulders and no necks who could be your legal team?

 

[jlindy]

Yeh, I've dealt with this when a commission that was earned was not paid. All you can do is make a big stink and convince them that it is less trouble to pay you than to try to jerk you around. Have any friends who are attorneys who would be willing to make a phone call or two in nice aggressive tones? Any friends with wide shoulders and no necks who could be your legal team?

I'm not sure a phone call would work. They are an enormous company owned by Karl Ichan, so I don't think phone calls would convince them. I do know attorneys though as this is the industry I now work in.

I will probably get screwed, but I will continue and see what happens.

 

[W]

Get a lawyer. I don't know about the validity of the compensation plan angle but you should be able to prove it via witnesses (ie. Office manager went around making sure it was signed. This means others can attest.). You can prove that you earned a commission by the fact taht you were still working there in February and hopefully you earn a commission every month. The old company will have to pay your lawyer expenses for their dishonesty. I bet they will fork over the cash once your lawyer contacts them.

 

[mdacuramgr]

I had a similar experiance at the begining of September. I got my money! All I did was let them know that I was coming to pick up the check. When I showed up they refused to give me the money so I went out infront of the buisness with a large sign that read "This company stole $2900 from me don't let them do it to you." The G.M. came out and told me to go away or I would not see the money for 5 years. I said I would leave when I had my money. The G.M. and the owner left for about two hours (presumably to talk with their attorney) when they came back I had a check in fifteen minutes. All I did was excersice my right to peaceful assembly and caused them a little unwanted bad press. Remember to stay off of thier property and to be as nice as possible. Smiling while you protest gets a lot of good reaction from passers-by. They can't hold your money legally past your normal pay day or two weeks which ever is less.
Kriss
PS you don't need an attorney and they know it. The labor laws are very clear and all an attorney will do is take your money and the out come will be the same. So swallow your pride and PROTEST!

 

[lemansnsx]

If exercising your "right to peaceful assembly" as you call it in this manner you may want to make a courtesy call to the local police department ahead of time. Never hurts to have them on your side or at least clued in as to what is going on.

 

[mdacuramgr]

The local police were informed and I was told as long as I was not on their property that it was o.k.. This should be check with no matter where you are at because I am sure there are places that your rights don't mean squat.

 

[jlindy]

Then I guess the only problem is that I have to protest at the corporate office which is not in this state. Not worth the price of a plane ticket. My local office has no authority plus they fired almost everybody there after I left.

 

[Mr.Wolf]

I have been in similiar situations before. I made a few calls and the problem went away overnight. I will give their number, 555-RESOLVER.

 

[W]

I have been in similiar situations before. I made a few calls and the problem went away overnight. I will give their number, 555-RESOLVER.

Yeah, and if that doesn't work call their sister company 555-REVOLVER.

 

[Jeansxbond]

JLINDY... Just an idea, but it may 1), get you some info on options and 2), maybe even get you some help... call the "labor board" or equivalent in both the state in which you worked and in the state where the corporate headquarters is... most jurisdictions really frown on a company not paying earned compensation, and have labor laws to back it up. Also, the local newspaper (check both states) often has a column or feature answering questions about labor law that might be interested in commenting on your situation, either just to you by letter or maybe in the feature column. Hope these ideas help.

 

[jlindy]

JLINDY... Just an idea, but it may 1), get you some info on options and 2), maybe even get you some help... call the "labor board" or equivalent in both the state in which you worked and in the state where the corporate headquarters is... most jurisdictions really frown on a company not paying earned compensation, and have labor laws to back it up. Also, the local newspaper (check both states) often has a column or feature answering questions about labor law that might be interested in commenting on your situation, either just to you by letter or maybe in the feature column. Hope these ideas help.

How would I find out this info and contact information? The corporate office is in Reston, VA and I am located in St. Louis. Do I call VA's or MO's?

 

[mdacuramgr]

Check the internet for the labor boards information. What they do in Maryland is give you three options.
1) Write the employer a letter requesting payment within a certian amount of time, usually five or ten days. If they do not respond then you turn it over to the labor board. Send the letter certified so you get proof that they got it. You must request a form from the labor board to send the labor board if they do not respond. The labor laws are very similar state to state. I would send the same letter to both offices in Virginia and St. Louis. This is the most effective route because a business that wants to fight the labor board is going down a path that is not in their best interest. The labor board does not play around about wages due and will recover up to three times the unpaid wages for you. The do it quickly and if you are due the money they get it. My former employer wanted to go to the labor board hearing until they talked to their attorney and were advised that when you owe money to a former employee you need to pay and do it fast.
2) Hire an attorney and file a lawsuit in civil court. The down fall to this is your attorney takes a cut and the court doesn't base the judgement on labor laws just what is presented to them. So if your former employer can some how make it look as though they have the right to keep you money you are screwed. There is also the court docket to deal with and it could take a long time to get the hearing.
3) file a small cliams case against them. From my limited experiance in small cliams this option is about as hokie as Judge Judy.

the labor board is an agency set up with your tax dollars to keep dishonest employers in line with labor laws. They are they ones who wrote the laws and enforce them. Thats about as win-win as you can get. Let them do their job you will get your money fast and as easy as possible.

 

[jlindy]

I contacted the Virginia Labor and Employment office and they are going to send me some paperwork to fill out. From there, they will have someone that will investigate, but it will be a slow process they said. The problem I am worried about is that commissions are next to impossible to calculate with this company (average bill over a 6 month window) and I am worried that they won't handle earned commissions since it is not a part of salary or hourly wages. Also, it may be difficult dealing with the Virginia office when I worked for their St. Louis field office. (all is handled out of corporate office in VA though)

 

[jlindy]

All right, new problem. The VA Labor office said that I have to file in the state in which the problem occurred, but the Missouri Labor office says that they don't have wage collection laws and I would have to file suit. How can I file suit in Missouri when everything is done out of the corporate office in VA? Also, I have no way to determine an exact figure of what is owed to me?

 

[W]

Why not get a lawyer?

 

[jlindy]

Why not get a lawyer?

I contacted a lawyer friend of mine to get advice, but I guess I don't want to go up again a 5 billion dollar company financially speaking.

 

[W]

I contacted a lawyer friend of mine to get advice, but I guess I don't want to go up again a 5 billion dollar company financially speaking.

So you're doing it alone?

 

[jlindy]

So you're doing it alone?

I am considering taking them to small claims court because the amount is not more than $3000. That is probably my best option.

 

[mdacuramgr]

Sounds like the best option is small claims. Do your home work and bring as much supporting documentation as possible.

 

[W]

I am considering taking them to small claims court because the amount is not more than $3000. That is probably my best option.

Oh. I hope you make them pay (literally).