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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default Employee Terminated, Employer Refuses to Pay Commissions on Sales

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

    I was hired on as a salary employee of an Ohio business. After about 7 months on payroll I was informed that they were discontinuing my 60k salary plus commission agreement and were making me a commission only sales guy, I stayed on knowing I had built a good pipeline.

    The Owner of the company, called me one day and asked about the status of a particular client I was working with and I informed him that the deal had grown beyond expectations to multiple millions of dollars worth of business that would be paying out over the course of the next 24 months. (The customer is a Public Company on the NASDAQ)

    He asked me when the first portion of the order would be placed and I told him that I would have the starting PO in hand in no more than 72 hours, he said good job and we got off the phone.

    Then 48 hours later I get another call from the owner saying that I'm fired...

    Then the next day I received the Purchase Order from the customer as promised for ($70,400.00) plus a follow on order for another $14,000.00

    The employers reason for firing me was "it's just not working out"

    I was not under any probation or warning that my commission only position was at risk.

    It is clear to the customer, our vendor and myself that his actions were to retain the profits and get rid of the expense of paying out the 25% of GP commissions.

    I also had close to $250,000.00 in other unrelated deals booked that I received Purchase Orders from at the time of termination and he refuses to pay me anything at all on the deals that I landed.

    Can I sue for wrongful termination and lost revenues?

    Thank you in advance

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employee Terminated, Employer Refuses to Pay Commissions on Sales

    What wrongful termination? What LAW do you think was violated in your termination?

    Ohio (and federal) laws are both pretty weak when it comes to commissions as wages for purposes of wage and hour law. It's more likely that this would be a contract issue, as in what does the commission plan/agreement say regarding when commissions are earned and when they are payable?

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