Last year I left a software sales job and was not paid for my commissions. I filed a claim for unpaid wages with the Texas Workforce Commission. My claim went through 2 reviews and was denied because there was an arbitration agreement in my sales commission plan/employee agreement. I am unsure what this means and how best to proceed.
You should speak with union officials if there are any or hire counsel to demand arbitration if no Union exists.
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An arbitration is generally initiated by serving an arbitration demand on the other party. However, it is impossible to say under which arbitration rules the demand must be made without reviewing the actual arbitration agreement.
You refer to a contract the attorneys here cannot see. The attorneys here cannot give you a useful response without access to the relevant documentation. I urge you to consult, face-to-face with an experienced labor and employment attorney. Provide him/her with the full facts and copies of all relevant documentation. Then allow the attorney to give you direct, specific advice.
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You need to review the contract and see who exactly the arbitration service provider is and file the arbitration with them. One of the most popular is the American Arbitration Association (AAA). You should consult with an arbitration attorney and have them review your contract and file the arbitration for you.
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