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  1. #1

    Default Sales Commission Never Paid on Almost One Year

    My question involves employment and labor law for the state of: DC

    I was recruited to work as a Business Development Manager for a company beginning of this year. After 4 months of working there without word about when I would be taken off probation, I dragged my manager into a meeting for an update. She said that I had to hit a certain activity point (which was the first I had heard of it) consistently before I could be considered and that there was nothing in my contract that specified my conversion and I would not be paid the commission for it until then. The subsequent conversations included the manager telling me that that a) the SVP thought it would be better not to submit my paperwork to the CEO for approval since he was going overseas to present our sales growth, b) the CEO didn't sign the paper because the SVP took it back (which she said the second time I asked her), c) my manager had to go on meetings with me to see if I am asking the right questions, and then d) today (just for the hell of it to see what response I would get) I have to hit yet another different activity point consistently. As a person that works in sales, my understanding that the most important aspect is bringing in the PO/JO. I have consistently brought in on average 5 new JO/PO since I started. It has gotten to the point where colleagues who were brought in later than I were and performing less well will be off probation this month and soon. I have won 3 out of 4 office competition since I have started and have been set as an example by the manager on how an employee should perform in terms of activity. I have worked my ass off to have my manager tell me ridiculous (lies) excuses as to why they won't convert me (thus pay me commission on my work). Is there a law out there that would be on my side on this case?

  2. #2

    Default Re: Sales Commission Never Paid on Almost One Year

    You need to contact a local employment law attorney directly. Your prospective counsel will need to meet with you and to review your aforementioned contract which presumably sets forth the terms under which you will receive sales commissions.

    As a general matter in the District of Columbia (and most other jurisdictions), if an employee accomplishes all the requisite work to earn a commission, his or her employer has to pay the commission. The employer generally cannot have the employee “contract away” his right to otherwise earned commission compensation. With that said, though, you will want to consult with a knowledgeable attorney face-to-face to assess your situation.

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