Sexual Harrassment, unpaid commission, termination

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standingup

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Hi all and Thanks in advance!

I have worked for a company for 18 years. I will try to get down to the basics.

Upon my yearly review, I asked to have a meeting with the VP and Supervisor because I wanted to discuss the amount that was given to me and me not being satisfied. We had this meeting and the VP offered me a choice. He said he would give me what I was asking for OR he would pay me commission on certain accts. He stated he was positive I would come out with more money than I was asking for. I accepted and was excited. My supervisor was livid. She ended up disclosing my pay to a co-worker (friend) and expressed her negative thoughts. In turn, my co-worker was upset because of the amount of money I was making and her not being offered the same pay..even though she does not have the same job function as I do.

Each and everytime I turned in my statement log, my Supervisor, with no explantion, would not pay me for certain accounts and when I asked for a reason, she still would not give to me. She ends up changing the agreement and stipulations on accounts that I am to get commission on but refuses to pay me for accounts prior to the change. I have, in writing, each time I turned in a new commission log for pay on these accounts prior to the change. Did not happen.

Because of different reasons, There were times that I did not turn in my statement on a regular basis, which was fine with the Vp and the Supervisor. There came a point when I had not turned in for some time and I let the VP know that I had not turned in and was thinking of it as savings account and he had no problems with this. Numerously, I made him aware of. I also had conversations with Supervisor about this. If I took out an emergency loan, the commission was always brought up and it was clear that when I turned it in any balance owing would automatically come out. Soooooo, come time I'm having financial difficulty and fall behind on bills, mainly due to a horrible depression I went through, I gather 3 years worth and work my ass off getting it all logged..from home, day and night. I turned in part of it. The Supervisor is "floored" and says it is 3000 pages. I assure her it is not and I must have not set area when I emailed. Which, she is very capable of figuring out.

I am called into a meeting in which I was told that they would not pay me for all of it. I am beside myself. My VP was a total ass and a liar at that. As well as my Supervisor lying when I brought up her always having a problem with me getting commission and her disclosing my pay with co-worker. She denied and said she did not have a problem but my co-worker did which she didn't know how my co-worker found out. Please.

Can they do this????

So, I get an email saying effective immediately, Commission is no longer on the table. I respond wanting to know how we are moving forward regarding my hourly pay taking into consideration that this commission was given to me upon a review. I also remind her of the workload I have taken on and it effecting my job duties. ( I happened to be a large percentage of my co-workers job duties because she was not capable of understanding the new system) Did I say that this co-worker is the VP's live in girlfriend now????

I'm going to stop here and try and get some feedback, please.
 


You might want to look for a new job.

I think you might wish to hear the company's position on your claim before taking your next step.

By the way, the employer can change you to hourly compensation.

By not filing in a timely fashion (holding your filings for three years), you probably violated your company's timely filing policy, or common sense.

You clearly aren't in compliance with Texas state law on filing wage claims.

In Texas, an employee is required to assert a wage claim within 180 days of the wages (perhaps other compensation) becoming due.





Sec. 61.051. FILING WAGE CLAIM. (a) An employee who is not paid wages as prescribed by this chapter may file a wage claim with the commission in accordance with this subchapter.

(b) A wage claim must be filed in a manner and on a form prescribed by the commission and must be verified by the employee.

(c) A wage claim must be filed not later than the 180th day after the date the wages claimed became due for payment. The 180-day deadline is a matter of jurisdiction.

(d) The employee may file the wage claim:

(1) in person at an office of the commission;

(2) by mailing the claim to an address designated by the commission;

(3) by faxing the claim to a fax number designated by the commission; or

(4) by any other means adopted by the commission by rule.
 
Thanks for your reply.

I guess, under the circumstances of making them aware and also asking if ok to hold off on turning in, I would not have expected this.

There are other issues. My Supervisor, whom is one of 2 people that are the "go to" for Sexual Harrassment claims.

I had a conversation with her and let her know that I was not comfortable listening to her talk about her explicit conversations that were taking place with the salesman. One of which she would go to the bathroom at work...take pictures of her va-jay-jay and send to the salesman. He in turn would take pic of his nanner and send to her. Constantly. Another salesman sent a pic of his penis in his penis extender and sent to her...which she felt she had to share. She ends up during a salesman meeting, with salesman from all over the states, booking a room at the same hotel they were staying so that she could have easy access to her nanner. She continued and I shot out an email to her, the President,VP and human resource.

She was not very happy with me. My nerves got the best of my stomach and I told her I needed to leave, in which she told me that my stomach wasnt upset and if I left not to come back. Go figure.
 
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I suggest you keep your nose out of her sex life also. You appear to be attempting to manufacture some type of retaliation.
 
No..not hardly. Thanks for the suggestion and a good day to you. Life seems to be hard on you. I wish you well.
 
You can try filing a sexual harassment complaint with the EEOC, but there are several very serious problems with your claim.
 
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