Husband changed jobs. Previous employer will not pay husband past commissions. What do we do?
My husband received his paycheck today from his previous employer (last check of what should be salary + commission like it always had). Well, this check did not have commission. My question is
1. Shouldn't my husband by law continue to receive comissions on sales he made before he left his job?
2. Shouldn't he still expect a check coming in just in commissions?
2. How do we handle this if they refuse to pay comissions?
Thank you
Answers:
The employment arraingment, by past practice, makes the commision his earned pay; his former employer CANNOT remove that pay, especially under the circumstances as it is obviously retaliatory in nature for him taking a new job.
Contact your labor board for swift resolution. In the event that falls threw, for whatever reasons, he can file a claim in either small claims court or file suit in Superior court for the lost earnings.
This really is a no brainer.
It can be a tricky situation. You should consult a lawyer. If the date of sale and the date of services performed/shipment is different, and he left before the sale was completed, they may not be required to pay his commissions. I'd call the payroll dept, first, then think about talking to a lawyer.
To get the correct answer, contact a lawyer about it, not freelawanswer.com . You would most likely be getting people's opinions about the issue and people saying they know about it, but they could be totally wrong.
You can contact the labor board for unpaid wages. You would need to give them a copy of the contract stating how and what commissions are paid. In addition to a list of the client names and what amount of commission is owed. If you do not have a contract You can send a copy of a prior pay roll check that showed commission was paid. Your husband also needs to send a letter to his employer requesting his commissions due and send that as well to the labor board.
I did this and was paid as my old boss tried to get away with out paying me took a few months but I got paid. Good Luck
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