LittleOleMe
New Member
I worked as a sales executive for a company for almost 6 years and resigned in early November. I gave 3 weeks notice however they "shut me down" within hours of my resignation. When I received my exit letter from the company, I was told that I would be paid commissions for any sales up to and including the day of my resignation in accordance with the normal commission pay out schedule (15th of the month, 45 days following the end of a month). Fast forward a month... I was supposed to have been paid commissions totaling over $4K yesterday but was not paid and did not receive any communication from the company in regards to not being paid. When I emailed the HR department I was told I'd have to wait for a response so I emailed the General Counsel for the company asking for his help. I received an email back today letting me know that they withheld all owed commissions due to accounts that I have sold over the last year that had not paid their invoices but that I have already been paid commissions on. I need to know if I have a case to pursue this payment. Here are a couple of things to factor in (I believe):
1. An email was sent out prior to my leaving letting my sales team know that we had thru the end of December to help collect on past due accounts and that "after December" they would start "clawing back" those commissions.
2. The company withheld commissions from me but not from sales people still employed but who would also be responsible for paying back commissions as detailed to the entire team.
3. The company has not communicated with me directly as to which of my accounts were past due, what the amount was, etc. that accounted for why my commissions were withheld.
4. I do know that one account that is one their list of past due accounts that belonged to me (I have several friends that still work for the company and shared the list of past due accounts) has actually paid part if not all of their invoice yet it is not reflected as such on the past due accounts list. Also, I know of at least one account on that list that was not actually sold by me, but actually sold by a sales rep that was let go earlier in the year.
5. I also know that the collections company that my ex employer hired has recovered money from some accounts however is not releasing the funds because my company is past due on invoices from the collection agency.
6. Lastly & most important to me, there is no policy, to my knowledge or that I ever signed acknowlegement of, stating that they would take money away from me. This is the FIRST time the company has ever withheld commissions from me.
Please help me determine if this is worth pursuing. $4,000 is a good chunk of change to unexpectedly have withheld, especially at this time of year.
1. An email was sent out prior to my leaving letting my sales team know that we had thru the end of December to help collect on past due accounts and that "after December" they would start "clawing back" those commissions.
2. The company withheld commissions from me but not from sales people still employed but who would also be responsible for paying back commissions as detailed to the entire team.
3. The company has not communicated with me directly as to which of my accounts were past due, what the amount was, etc. that accounted for why my commissions were withheld.
4. I do know that one account that is one their list of past due accounts that belonged to me (I have several friends that still work for the company and shared the list of past due accounts) has actually paid part if not all of their invoice yet it is not reflected as such on the past due accounts list. Also, I know of at least one account on that list that was not actually sold by me, but actually sold by a sales rep that was let go earlier in the year.
5. I also know that the collections company that my ex employer hired has recovered money from some accounts however is not releasing the funds because my company is past due on invoices from the collection agency.
6. Lastly & most important to me, there is no policy, to my knowledge or that I ever signed acknowlegement of, stating that they would take money away from me. This is the FIRST time the company has ever withheld commissions from me.
Please help me determine if this is worth pursuing. $4,000 is a good chunk of change to unexpectedly have withheld, especially at this time of year.
