Salary/Comissions not paid by employer

Status
Not open for further replies.
C

cm646

New Member
Hello Everyone,

I work as a sales manager in New York City for a private jets company for about 4 months. I have a signed agreement (agreement governed by the laws of Florida) with my employer stating that my salary would be $10,000 USD the first 2 months plus 10% of sales comissions and if I bring new accounts my salary would go up to $15,000 USD per month plus the 10% comission. We also have a verbal agreement that my business expenses (blackberry, travel etc) would be paid since i don't work from an office. So far, I brought in a total of $605K in sales for this company, all in the first 2 months I started working there. When I invoiced my employeer for the $15,000 USD plus my blackberry expenses (no travel) he send a sales person of the company write me an email saying that my salary would stay at 10K and that my expenses won't be paid. The email also mentioned that my salary would be revised based on sales experience. (I'm not selling muffins but private jet time and with this economy they're very lucky that I made $605K in this economy!)

Today is Oct. 22 and I still didn't receive my salary from Sept. nor my 10% comissions that were already paid by my client in full. My salary always have been 1/2 weeks late but now my calls, emails and texts are being ignored. I am still working in bringing more sales but am starting to lose hope that I'll be paid for my work in a timely manner. (ohhh emails regarding new sales are not ignored but as soon as I mention my salary i get a "i ll call you back in 5 min" which of course I never get such call...this has been going on for 20 days!!)

Does anyone have good advice on how I should deal with this without having to take legal action? Should I stop being delicate and threat of legal action? People close to me tell me to keep working and that my boss eventually will pay but I am starting to lose my patience and to be honest I can't see me closing sales without getting paid. How long would it take to get this resolved if i have to take them to court?

Thank you so much.
 
You're invoicing your "employer"? Invoices are normally submitted by independent contractors to their customers, not employees to their employers.

Verbal agreements may or may not be enforceable. Contact an attorney.
 
Thank you everyone.

Patricia I am an independent contractor for this company. I was asked by the financial department to submit invoices every month stating my salary, comissions and expenses, which I did it.

I have a witness regarding the expenses oral agreement that is willing to confirm it in writting.

I found out recently that the CEO moved my client's remaining $500K to a different bank account, a co worker tells me the money is offshore now and the initial account is now closed.

Also this company didn't pay the salary of the pilots, flight attendants and other sales employees.

Today I received an email from the CEO saying that I would get my check this morning by fedex which of course, it was a lie again!

I am a young lady living in Manhattan. I support my family in Europe and have no one here that can help me. Is here any federal department of labor that I can report to? I've been living from my savings for the last 2 months and had to cover business expenses that were supposed to be paid by the company. I read that making a claim with the department of labor its only possible if the amount is less than $5,000 USD and that I need an attorney for superior amounts...I can barely afford rent and utilities. I can't afford a lawyer.

Does anyone have suggestions?

Thank you so much.
 
Thank you again Patricia. Isn't small claims court only for disputes of $5,000.00 USD or less? I am owed around $85,000.00 USD so far.

I had the same job with a different company a few years ago and always filled my taxes as an IC.

My contract with this company starts by saying the following:

Dear Cxxxxxx,

As per our telephone conversation, I hereby confirm you the terms of our agreement in order to be employed by our Company.

1. We hire you as from the 6 of July 2009 for our New York office representation as Sales Manager.

2. You will be hired for a trial period of 2 months at the base salary of $10,000.00 USD per month.

3. Over and above this base salary, you will receive 10% comission on the flight hours sold.

4. After the 2 months trial period, if we both agree on terms and results, we will hire you at the base salary of $15,000.00 USD per month.

5. Over and above this salary, you will receive 10% commission on the flight hours sold.

6. It is understood that the commissions will be paid to you, only after full payment received by the costumer on our bank account.

7. After the 2 months trial period, we will open an office in New York, where you would be based for the work you perform with our company.
Isn't there any way I can get my money without having to pay for an attorney? By the way, I am still working for this company... I was not fired and I didn't quit yet. I don't wish to ruin my relationship with my clients as if i leave no one will be able to do my job with the same level of service. Mostly because my client's don't speak english very well and I do speak their language fluently.

What can I do?? :(
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top