Recently laid off, I was paid salary plus a rolling 12 month commission. Am I due commission from these new accounts? thx
Viewed 3 times. Posted 43 minutes ago in Workers Compensation - Pittsburgh, PA
My job was to target new business, I was above target and have time left on many accts that I should be receiving commission. I was laid off with 16 others across the country at my sales level.
Basically, if this new acct. purchases, I am paid on that purchase. These sales are sold off of the route trucks.
I have not signed off on the severance package as yet.
I agreed to a compensation plan that would be a base salary + commission of 8% on all new business that qualified in average sales of $ 75/wk for a rolling 12 months. This lay off has taken away those agreed terms for new business procured. Thoughts ? - edit
As in so many of these questions no one here can answer without seeing your contract and compensation plan. I can only guess. This was clearly intended as an incentive to bring in new accounts, which you did. When the plan was drafted, the company knew that there is no point in giving an incentive to a former employee, so they probably added a clause that no rolling commissions are payable to former employees. Although it does not seem fair since you brought in a lot of new accounts, the company was within its rights to make such a provision in its plan. If they did, you are out of luck. You should take your compensation plan and contract, if any, to a business lawyer for review. Perhaps he can find a way to enforce your claims to commissions on new accounts.
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(Bryant) Keith Martin
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Landlord / Tenant Lawyer
If you have an employment contract, it may answer the question. Employers typically do not pay commissions after termination and if you have earned the commission you need to get the subject clarified ASAP. However, if you disagree with the answer (based on contract language) you will probably have to sue.
Clifford L Tuttle, Jr.
Attorney at Law
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