Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Jul 2005
    Posts
    1

    Default Employment Contract Problems and Nonpayment of Earnings

    My problem is two fold:

    I work a commision based sales job. I make commision provided that my % of commision divided by my cloked hours is equal to or greater then what my state requires as minimum wage for the same amout of time. We are required to attend staff meetings as well as training programs that are held on some days off and some working days. In all three instances I am not makeing money because I am not selling anything during these meetings and seminars. If I clok in during these times then I get bumped down to minimum wage and I loose out on the opportunity to make a higher amount of money bassed on the hours I was actually selling. If I don't clock in then the company gets away with not compensating me at all for what should be my time. Is this legal?

    My second issue is my employment contract. It is specific and states that I may not work for a competitor located within a five mile radius for one year following my termination or leaving of my job. Due to the issue above and others I want desperatly to leave this job however I do not want to work ouside this radius. Can they turly hold me to this? Is this clause leagal? They have threatened to sue me if I leave. Please help!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Employment contract issues and non payment

    Quote Quoting stuk
    If I clok in during these times then I get bumped down to minimum wage and I loose out on the opportunity to make a higher amount of money bassed on the hours I was actually selling. If I don't clock in then the company gets away with not compensating me at all for what should be my time. Is this legal?
    It's a bit hard to tell from your description. It sounds like you haven't been instructed not to clock in, but instead choose not to clock in because of the effect on your commissions. It is impossible on these limited facts to infer the employer's intent in creating the policy, or to discern any advantage to the employer from your not clocking in. Also, wage and hour laws vary by state.

    Quote Quoting stuk
    My second issue is my employment contract. It is specific and states that I may not work for a competitor located within a five mile radius for one year following my termination or leaving of my job. Due to the issue above and others I want desperatly to leave this job however I do not want to work ouside this radius. Can they turly hold me to this? Is this clause leagal? They have threatened to sue me if I leave. Please help!
    The enforceability of a non-compete clause depends upon a lot of factors, including the type of work at issue and state law. To determine if one is enforceable, it is necessary to know the applicable state law, and to review the actual language of the clause.

    I suggest you consult with a plaintiff-side employment lawyer in your state about your situation and your employer's compensation policies.

    1. Sponsored Links
       

Similar Threads

  1. Unemployment Benefits: Reporting Earnings Only when Earnings Have Been Received
    By JohnSmith81 in forum Employment and Labor
    Replies: 1
    Last Post: 05-09-2010, 01:10 PM
  2. Restrictive Covenants: Employment Contract
    By sirpingalot in forum Employment and Labor
    Replies: 1
    Last Post: 02-23-2009, 05:11 PM
  3. Pre-Employment Medical Screening Problems
    By amanaka in forum Employment and Labor
    Replies: 5
    Last Post: 08-30-2008, 08:02 AM
  4. Expungement and Sealing: Employment Problems From a Record for Retail Fraud
    By hanginbyaccord in forum Criminal Records
    Replies: 9
    Last Post: 10-15-2007, 09:35 AM
  5. Expungement and Sealing: New York Criminal Record and Employment Problems
    By Jay Ross in forum Criminal Records
    Replies: 9
    Last Post: 01-09-2007, 10:14 AM
 
 
Sponsored Links

Legal Help, Information and Resources