Employer withholding $50,000+ in commission

MrBojangles

New Member
To summarize the situation:

-I currently work a role in sales for a cellphone company where a portion of the job is accompanying internet installers to see if the person signing up for internet might also have an interest in cellphone service
-In my previous role (also with the same company) I worked exclusively business/government/public safety accounts, so I have a number of existing relationships on both the business and consumer side that
-After selling a combination of both business and consumer cellphone plans that will total over $50,000 I was informed the company has what is referred to as a Windfall Policy in place, essentially stating that sales done outside of the job description can be capped at 250% of the sales goal

I'm looking for any potential recourse, but my main arguments against this are:

1) In my role it is the job of management or our support team to assign each seller a dispatch/internet install to go to, in order to gauge interest in the person's interest in switching cellphone service. During my 3 months in the job I was not assigned any of these dispatches, making it impossible for me to fulfill my job description. To be clear, management was fully aware that the sales that I made were the result of me leveraging relationships with business accounts I worked with in the past.
2) Prior to me coming into the role I received repeated assurances from two different members of management that there would be no cap on commissions and it was discussed in detail the business accounts I was currently in the process of switching, including the number of lines. At no point was this policy mentioned.
3) All 3 months in this role I exceeded the 250% threshold for sales and I was compensated the first two months. It's only now that I'm being informed of this policy and at no point prior was it mentioned by any member of management.
4) This is a union based role and I know multiple individuals that have been paid full compensation when exceeding 250% to the sales goal, indicating that the company is selectively enforcing this policy.
5) The job description is outdated and says the primary role is assisting at installs of a product we no longer even sell.
6) The job description also says that sales can be conducted at both residential homes and the person's place of business.
7) Many of these business accounts I had prior commitments of them switching service, but I do not have control of the timeframe they do so. When they did switch I would have either had to provide ongoing support for an account I wouldn't be paid for and would take away from my ability to perform other work duties or pass the account along to a member of our sales team, who would receive full credit for the entire sale with no cap on commission, despite them having no prior involvement in the account.

I do actually have support from my direct management and am waiting to hear back from my union rep, but do I have any legal case if it came down to it to be compensated for the commission I'm being denied?
 
What US State?
Your matter goes beyond the scope of this forum. If you are not satisfied with the results you obtain through your union representation, then you should seek the assistance of an attorney.
 
I do actually have support from my direct management and am waiting to hear back from my union rep, but do I have any legal case if it came down to it to be compensated for the commission I'm being denied?

The ONLY persons able to address your query as to person number one MIGHT be your "union rep".

Person number two would be the lawyer you decide to hire, after she/he has THOROUGHLY investigated your representations.

As far as hope is concerned:


All human wisdom is summed up in two words; wait and hope.

Alexandre Dumas


Hope is independent of the apparatus of logic.

Norman Cousins


Hope in reality is the worst of all evils because it prolongs the torments of man.

Friedrich Nietzsche


Hope is such a bait, it covers any hook.

Oliver Goldsmith
 
To summarize the situation:
I do actually have support from my direct management and am waiting to hear back from my union rep, but do I have any legal case if it came down to it to be compensated for the commission I'm being denied?

You are union member. If the union has a collective bargaining agreement with the employer then that will play a big part in the outcome. The first things I suggest you do is: (1) inform your shop steward (or whatever name your union calls the person who deals directly with the union members regarding issues covered by the CBA. Usually wages and other compensation are a significant part of a CBA; and (1) read the CBA to see what your employer is obligated to pay you. If the steward and other union officials agree the company is screwing you and not following the contract, the first step here is usually for the union to grieve the matter to company officials. You're quite likely required to go through that process before filing any lawsuits.
 
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