brian_mcdonald
New Member
I was approached by an old acquaintance in February 2010 and asked if I would like to work for him as an Aircraft Broker. It was something new and promising so I gave it a shot. I started on March 1st 2010. I was told I would be paid a small salary and commissions. Within 30 days another employee left the company due to medical reasons. His accounts were split up and given to myself and another agent to work as our clients.
In May 2010, I was sinking fast with the small salary of $500 every 2 weeks, less taxes. I approached the boss and told him of my circumstances and proposed a salary of $35,000 a year and forfeit my commissions to get myself established. He agreed and stated that I would be on the short end and didn't want me to lose money. He stated that we would get together at the end of the year and see where we stood and would work something out on anything I made over that.
In October, I was approached by the boss, he said he needed a sales manager and asked if I was interested. He stated that it would pay me an extra $300 a month for the position. I told him I would be happy to do it.
In December I went to the boss with my earnings vs. my commissions, I made over $7000 more than I was paid. He told me that he took a risk on me and that he wasn't going to pay me. I reminded him that it wasn't what he told me and things got a little heated. He ended with telling me he would have to think about it and would get back to me. A week later, he agreed to pay me half of the commissions to keep me happy. I agreed because half was better than nothing.
During the holiday season things began to slow a bit and the Boss began to show his true colors. He would get very upset that sales were down and that it must be something we were doing wrong. In January he called a meeting and told myself and the other agent that the accounts that were given to us were supposed to be split commissions with the agent that left the company and that he overpaid us. After 10 months of working these accounts and selling two of these planes he was going to deduct the over payment from our future commissions and pay the agent that left. He stated that he would have to get with his accountant and would get those figures for us. He has been taking $250 out of our commission checks and still haven't seen any figures from his accountant. I'll bet he did not pay the employee that left any of the money he took from us.
In January, he called a meeting and told everyone that he was no longer paying a salary and that it would now be a draw against our commissions. When I received my check I asked him about the extra pay for being sales manager and his reply was, I gave you a larger draw. Great, you gave me more money to pay back than everyone else. I asked him how that was a benefit and he said if I didn't like it I could leave. I left!!!
I received a message on my cell the next day saying that I owed him money for overpayment on my checks. I still haven't seen any numbers and wonder why this wasn't addressed 10 months prior. He stated that if he didn't hear from me by April 1st he would sue me. He sues everybody, so I believe him. By my figures there is about $162 left for him to take from me.
I was an employee and had no written contract for pay. What are my chances against him and is there any chance of a countersuit for the wages he's taken from me. Can he take wages earned from last year that were reported to the IRS on my W-2.?
In May 2010, I was sinking fast with the small salary of $500 every 2 weeks, less taxes. I approached the boss and told him of my circumstances and proposed a salary of $35,000 a year and forfeit my commissions to get myself established. He agreed and stated that I would be on the short end and didn't want me to lose money. He stated that we would get together at the end of the year and see where we stood and would work something out on anything I made over that.
In October, I was approached by the boss, he said he needed a sales manager and asked if I was interested. He stated that it would pay me an extra $300 a month for the position. I told him I would be happy to do it.
In December I went to the boss with my earnings vs. my commissions, I made over $7000 more than I was paid. He told me that he took a risk on me and that he wasn't going to pay me. I reminded him that it wasn't what he told me and things got a little heated. He ended with telling me he would have to think about it and would get back to me. A week later, he agreed to pay me half of the commissions to keep me happy. I agreed because half was better than nothing.
During the holiday season things began to slow a bit and the Boss began to show his true colors. He would get very upset that sales were down and that it must be something we were doing wrong. In January he called a meeting and told myself and the other agent that the accounts that were given to us were supposed to be split commissions with the agent that left the company and that he overpaid us. After 10 months of working these accounts and selling two of these planes he was going to deduct the over payment from our future commissions and pay the agent that left. He stated that he would have to get with his accountant and would get those figures for us. He has been taking $250 out of our commission checks and still haven't seen any figures from his accountant. I'll bet he did not pay the employee that left any of the money he took from us.
In January, he called a meeting and told everyone that he was no longer paying a salary and that it would now be a draw against our commissions. When I received my check I asked him about the extra pay for being sales manager and his reply was, I gave you a larger draw. Great, you gave me more money to pay back than everyone else. I asked him how that was a benefit and he said if I didn't like it I could leave. I left!!!
I received a message on my cell the next day saying that I owed him money for overpayment on my checks. I still haven't seen any numbers and wonder why this wasn't addressed 10 months prior. He stated that if he didn't hear from me by April 1st he would sue me. He sues everybody, so I believe him. By my figures there is about $162 left for him to take from me.
I was an employee and had no written contract for pay. What are my chances against him and is there any chance of a countersuit for the wages he's taken from me. Can he take wages earned from last year that were reported to the IRS on my W-2.?
