Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Default 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.

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

    Default 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.

  3. #3
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Recovering Compensation for Unpaid Commissions

    In what state do you work?

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Recovering Compensation for Unpaid Commissions

    Quote Quoting HRinDEVON
    View Post
    In what state do you work?
    Please explain why is this relevant.

    1. Sponsored Links
       

Similar Threads

  1. Compensation and Overtime: Commissions Sales Compensation Agreement
    By stanigator in forum Employment and Labor
    Replies: 1
    Last Post: 07-26-2011, 09:11 AM
  2. Compensation and Overtime: Options for Recovering Unpaid Sales Compensation
    By Empowerment_JMN in forum Employment and Labor
    Replies: 1
    Last Post: 10-27-2008, 04:49 AM
  3. Unpaid Commissions
    By Txoilman1 in forum Employment and Labor
    Replies: 1
    Last Post: 05-05-2008, 10:09 AM
  4. Expenses and Reimbursement: Unpaid Sales Commissions
    By grampa_jay in forum Employment and Labor
    Replies: 3
    Last Post: 01-24-2007, 08:14 PM
  5. Compensation and Overtime: Recovering Unpaid Sales Commissions in Tennessee
    By sbvol in forum Employment and Labor
    Replies: 1
    Last Post: 12-14-2006, 11:55 AM
 
 
Sponsored Links

Legal Help, Information and Resources