I recently resigned from my sales position with the University of Houston. Based on the approved and signed commission structure for the sales team, I was paid 1% on all ticket sales. I was paid 1% since joining the staff in August of 2015. Since resigning they are withholding my final paycheck and commission check claiming that certain seats were ineligible for commission and they over paid me every month for the past 8 months.
The signed document states very clearly
1. 1% on ALL sales
2. Non-Commission Items include non UH events, AAC events, and donations to capital projects. It does not exclude any specific type of seat or ticket type.
3. Any changes must be approved in writing beginning on the date signed moving forward.
I also have each months commission report that was signed and approved including the last month, and a confirmation email confirming the total payout.
Whether a matter is brought in small claims court or not depends on the amount in controversy. If your amount is bellow the small claims threshold, you may bring a case there.
I would contact your local court to determine the jurisdictional thresholds.
As far as an attorney is concerned, you are never required to use one, whether in small claims court or otherwise, however, depending upon the complexity of your case, it may be useful to do so.
It is fairly certain that the University will use an attorney if a suit is brought against them.
Best of luck.
Agreed with the prior answer. An individual is not required to have an attorney. But you surely will be going up against one. I think it is worth aat least consulting with one to determine whether retaining one would be in your best interests.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
If the amount in controversy (the withheld commissions) below $10,000, you can bring your small claim in justice court. Whether you have a viable claim depends on a thorough review of the contract, not just the excerpts above, and the facts. You should take the contract to an attorney for review since a viable contract claim provides for the recovery of attorney's fees.
Answers in this general Q&A forum are for discussion purposes only, are not being provided in the context of an attorney-client relationship and are not to be construed as providing legal advice. Massey Law Firm PLLC and its attorneys may be retained only on the basis of a written contract, signed by the attorney and the potential client, together with the payment of fees and costs as may be required by the contract.
You need to consult with an attorney. The University of Houston is a state agency and, thus, your breach of contract claim is governed by additional restrictions than most contract claims. You may be subject to a pre-suit mediation process by state law and precluded from suing by sovereign immunity.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline