Recovering Compensation for Unpaid Commissions
My question involves labor and employment law for the state of: Tennessee and Texas
I'll try to be concise. I'm looking to see if I have a claim for unpaid commissions. My role began in 2008 as a sales support specialist. My commission rate was a constant percentage for any deals in which I was involved. From 2009-2014, a large number of deals I was involved with closed, but were then labeled as "Corporate or House accounts". The company paid me a MUCH lower payment for my involvement in those deals. I asked senior management numerous times about the discrepancy and was informed that the company "reserves the right to change the comp plan at any time". I feared losing my job over continued questioning. Finally in 2015, they changed the comp plans and I left for another company. Total owed to me would be approx $400,000 in unpaid commissions. The company now has dual headquarters in TX and TN. My question is
[LIST][*]Do I have a claim for unpaid commissions?[*]Is there a statute of limitations for claiming commissions?[*]I don't live in TX or TN, which state should I file if I do have a claim?[*]Does the company have to keep the employment records? I don't have any documentation...
Thanks in advance for any advice you can provide.
Re: Recovering Compensation for Unpaid Commissions
We have no way of reviewing your written contract with your employer to confirm their commission policy or whether you should have been given commissions on the sales. You have also chosen not to tell us your state of employment, or whether you were an employee or an independent contractor.
If the company had a commission policy when you started that was changed such that certain sales were classified as "Corporate or House accounts" and subject to a lower commission, absent something in your written contract that would have prevented the change, the company can make that change prospectively. Your acceptance of payment on those terms for a five year period would in most circumstances reflect your acceptance of the changed commission policy. If the company is correct that it reserved the right to change its commission policy at any time, and you chose to continue working under the new policy, then you chose to accept the reduced commission as full compensation for your work.
Re: Recovering Compensation for Unpaid Commissions
In what state do you work?
Re: Recovering Compensation for Unpaid Commissions
Quote:
Quoting
HRinDEVON
In what state do you work?
Please explain why is this relevant.