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  1. #1
    Join Date
    Feb 2009
    Posts
    2

    Default Commissions After Termination

    My question involves labor and employment law for the state of: TX

    I am a recruiter. In my previous position I was recruiting people that are EXTREMELY hard to find for consulting positions. I had been very successful in the position, but was "downsized." Here is the problem. The terms of my contract are as such:

    Commission against draw.

    Would get maid quarterly after the person was hired by the consulting firm in any manner.

    My agreement states zero about forfeiture of commissions upon termination or leaving. It simply states that upon placement I would get paid the comission amount.

    Here is the situation. I have brought the information, resumes, etc of 300+ people that are now within their system. What that means is they are now in their database, and are up for being hired by the company.

    I am going to write them a letter soon giving them the names of all 300 people and demand that I get paid for them once they are placed within the organization.

    They make roughly 250K in profit off each and every person they hire and place. My commission is a set amount per placement, roughly a few thousand dollars. So technically they are looking at a liability (if they placed them all) of over $1 Million.

    If nowhere in my employment contract it states anything about forfeiture of commissions, what grounds can they stand on??

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

    Default Re: Commissions After Termination

    It's going to be a sticky issue. For example, do you have anything that will show that your employer expected to have to pay you commissions after termination? Did they pay commissions to other former employees during your tenure, or to other downsized employees after your departure from the company?

    I suggest reviewing the details of your situation with a plaintiff-side employment lawyer. Go to one who offers a free consultation - most will.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Commissions After Termination

    Texas - wages paid on commissions are due according to the terms of (1) an agreement between the employee & employer or (2) an applicable CBA.

    Agree that you need to talk to an attorney & take your commission agreement.

  4. #4
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Commissions After Termination

    I tt a lawyer and he said i shld probably claim Overtime (as I was working an average of 70 hours per week) since June 1, when I started. He said that since I made under 100K it is likely that I should receive overtime from them. That would be (gross pay per month) divided by 4.33 (weeks per month). Take that number divided by 70. Take that ratedivided by 2 (to get half). Take that last amount and multiply it by the over 40 hours and weeks (30 and 30).

    Does that make sense?

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