Employment Contract Problems and Nonpayment of Earnings

[stuk]

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!

[aaron]

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.

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.