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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default Terminated, Received Severence but Not Pay Due

    My question involves business law in the state of: Arizona.

    Compensation plan, documented, to include 1% of revenue per month. Typically, paid on the following midmonth check since calculations can't be sumbitted for end of month BEFORE the end of month for that month check's payroll is transmitted. Was terminated on Sept 2nd, received a check by mail within a few days, included hours of vacation and two week's salary in addition to the two days for Sept 1 (holiday) and Sept 2. Severence/final check did not include the 1%. Have sent several emails, however they may not be receiving them, seeking the 1% commission, although I can't calculate the value since I didn't get the totals for the August month.

    I think I should have legal ability to collect August's commission since I was an employee up till Sept 2nd, although I wasn't an employee when August's commissions would have been paid (Sept 15th). According to A.R.S., I believe I can file a civil suit for up to three times the due amount. Is there a time that they must respond in, or a time frame in which I must identify the missing pay? Do I have to 'justify' the triple amount or does the triple become an automatically accepted value?

    Thanks much!

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

    Default Re: Terminated, Received Severence but Not Pay Due

    What does your written compensation plan with your former employer say about this 1%, when it is due, whether commissions remain payable after resignation or termination, etc.?

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