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  1. #1
    Join Date
    Oct 2012
    Posts
    101

    Default 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?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Correction of Commissions that Were Never Paid

    Is this new commission policy available in writing?

  3. #3
    Join Date
    Oct 2012
    Posts
    101

    Default 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?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Correction of Commissions that Were Never Paid

    Quote Quoting spokanedriver
    View Post
    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.

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