Correction of Commissions that Were Never Paid
My question involves labor and employment law for the state of: Washington
I work for a large company based in Connecticut ( not sure if that matters for law jurisdiction).
Going to do the best to sum this up.
I am paid a base plus bonus pay plan. The bonus is similar to commission, but they call it bonus rather. I sell 2 types of items, A and B. Selling these items gives me a certain amount of credit towards my goal. Both items are worth different amount of credit. In 2014 I received credit for selling both items, only difference really was the amount of credit I get. In 2015 I still get credit for selling both items, but now I get an additional 5% cash bonus for selling item B.
Sold a large sum of item B in 2014 in December. Was great, the credit counted towards my goal. Well, some of that cancelled this month. Which is where my problem comes in.
Because my pay plan now says I get 5% cash bonus on item B when sold, the are trying to take back money they never paid me because I'm negative in item B since the cancels.
Can they do that, take money from a bonus that was never awarded/paid in the first place?
Re: Correction of Commissions that Were Never Paid
Quote:
Quoting
spokanedriver
My question involves labor and employment law for the state of: Washington
I work for a large company based in Connecticut ( not sure if that matters for law jurisdiction).
Going to do the best to sum this up.
I am paid a base plus bonus pay plan. The bonus is similar to commission, but they call it bonus rather. I sell 2 types of items, A and B. Selling these items gives me a certain amount of credit towards my goal. Both items are worth different amount of credit. In 2014 I received credit for selling both items, only difference really was the amount of credit I get. In 2015 I still get credit for selling both items, but now I get an additional 5% cash bonus for selling item B.
Sold a large sum of item B in 2014 in December. Was great, the credit counted towards my goal. Well, some of that cancelled this month. Which is where my problem comes in.
Because my pay plan now says I get 5% cash bonus on item B when sold, the are trying to take back money they never paid me because I'm negative in item B since the cancels.
Can they do that, take money from a bonus that was never awarded/paid in the first place?
Possibly...when do commissions get paid? Are you receiving the 5% bonus on any product B orders booked in 2014 but not paid for until 2015?
Re: Correction of Commissions that Were Never Paid
No. Nothing that was ordered in 2014 received this 5%, it only applied to orders in 2015 that were new and booked in 2015.
Re: Correction of Commissions that Were Never Paid
What was the response of the payroll department when you raised the issue? If they don't understand the problem of "taking back" a 5% bonus for a commission that was never subject to that bonus, did you try taking the issue to whomever supervises payroll personnel?
Re: Correction of Commissions that Were Never Paid
Absolutely I did. Emails were sent back and forth to the corporate office, none of which I was copied on, and today I was told the final verdict was that I will be penalized the additional 5% because it is my current pay plan. I have explained that my current plan says that any payments made will be reversed, but that I was NEVER paid the amount in the first place. And now I am somewhat being told "oh well". I understand morally this isn't right, but legally do I have a leg to stand on?
Re: Correction of Commissions that Were Never Paid
Is this new commission policy available in writing?
Re: Correction of Commissions that Were Never Paid
It is. The only part that says anything about any kind of chargeback, is where it says "in addition, such charge backs may occur where money has been paid under the Plan as a result". I am going through with a fine tooth comb trying to find where it says they can take money never paid, but nothing.
If I cannot resolve with them, do I file in small claims court? The amount is approximately $500. And if this is the way, who would I serve with the order because our payroll is in another state, would I serve my direct manager who is aware of the issue?
Re: Correction of Commissions that Were Never Paid
Quote:
Quoting
spokanedriver
It is. The only part that says anything about any kind of chargeback, is where it says "in addition, such charge backs may occur where money has been paid under the Plan as a result". I am going through with a fine tooth comb trying to find where it says they can take money never paid, but nothing.
If I cannot resolve with them, do I file in small claims court? The amount is approximately $500. And if this is the way, who would I serve with the order because our payroll is in another state, would I serve my direct manager who is aware of the issue?
A complaint with the state dept of labor would be a better place to start. However, before you do that you need to consider just how important your job is to you. While its illegal for them to retaliate against you for making a complaint, things will never be the same for you there again if you do. However, on the other hand, if this is happening to more people than just you, they could not be sure who made the complaint.