- Jurisdiction
- California
My husband was recruited for a job at a manufacturing company to do sales. He was told that the job would be to go out to restaurants and have them taste the company's product, in the hopes that they would convert to using said product. If the customer converted (which would be verified by the company's Customer Service Department) he would then get commission. For one restaurant they had a pay out schedule where he would receive a certain amount the first month after verification, the second month he would receive a larger amount, and the third and final amount he would receive top dollar earned. Mind you, his job was not strictly commission based, he received a base salary (not much, but still a salary). He left a very stable company to go to work for this one. He never received an offer letter, never signed a commission statement, nor ever received an employee handbook. It took 3 months to see his first commission, even though he turned in about 30 conversions during that time. They sent him a break down of his commission, after taking a look, they were CHARGING him $30 a piece for a conversion that got rejected for any reason. If the customer did not answer their phone to verify, he was charged. If he forgot to submit a menu, he was charged. Again, he never signed a commission statement showing the break down for what he would receive (or be charged). Had he known that he would be charged for "not making a sale" he would not have left his other, stable job to come here.
Also, we went to do our taxes today, and his W2 states that he filed single-1, however they did not withhold any taxes! We came home and checked his pay stubs and they have him listed as Exempt, even though he does not qualify for being exempt, and now, most likely, we will have to owe money.
Do we have a case????
Also, we went to do our taxes today, and his W2 states that he filed single-1, however they did not withhold any taxes! We came home and checked his pay stubs and they have him listed as Exempt, even though he does not qualify for being exempt, and now, most likely, we will have to owe money.
Do we have a case????
