:mad:
Scenario: A company that has over 800 employees has about 25 "B" Managers. It is common knowledge that all "B" Managers receive a salary plus a special bonus on top of their usual earnings.

Now, if only one of all 25 "B" Managers did not receive a salary, would that be legal? (The shortchanged "B" Manager performed the same duties as all other "B" Managers, attended the same meetings, ect. The company hung a perpetual carrot in front of this "B" Manager, then as the "B" Manager kept bugging them about the salary issue, they finally told her 2 years later that her promotion had been the result of a printing error, but that they didn't have the heart to tell her so they just let her go on thinking that she was a "B" Manager for 2 years. She was humiliated. Then, they proceeded to bully her and eventually demote her.)

Is any of this illegal?

Not unless it was based on a protected charactoristic, like race or gender.

I have a hearing in regard to this matter with the Labor Board in 2 weeks...what do you think they will happen?

Do you mean the DLSE? If so, the first time you go in is called the Conference. You will sit down with a Labor Commissioner and a company representative and discuss your case. So far, you haven't posted anything illegal, so the Commissioner will probably dismiss it.

But isn't it the same as not paying someone for work? If a certain job earns a certain minimum amount of pay, wouldn't it be illegal for the company to not pay one individual? Isn't that the same as withholding pay?

No, the company can chose to pay different people different amounts, as long as it isn't for an illegal reason. For instance, the company could pay more to people who have better performance reviews, or have been with the company longer, or have college degrees, or even people who negotiated better for compensation.

But what I'm saying is that they didn't pay me ANYTHING. Not a dime. Is that legal? I understand that people negotiate different salaries, ect., but how can they outright not pay someone? They themselves have indicated that a
"B" Manager receives a salary plus bonus. The actual salaries may differ slightly for whatever reason, but they are all promised a salary and bonus. Is that still legal? How would you suggest I proceed? Obviously, it's morally wrong for them to do what they did...somehow that's got to count for something???? Thanks.

I am not sure that I understand the scope of your position. What are your work duties? You say you receive no salary. Does this mean on pay day, you do not receive a check for any compensation? How long have you not been paid?

This position involves sales. The salespeople make commissions. When you move up to "B" Manager, you are assigned duties specific to that position, in addition to the standard responsibilities of a salesperson. You attend meetings specific to that position, ect. For this, you are compensated with a salary and bonus in addition to your own personal commissions. My complaint is that I was given the title, responsibilities, and obligations of a "B" Manager, however I was jerked around in regard to my respective salary and bonus. I did not receive, at any time, the salary and bonus that is given to EVERYONE ELSE but me. Mind you, I'm sure that the salaries may differ slightly due to different factors, but everyone recieves a certain minimum amount and this is well known. The fact that a bonus is included is also common knowledge. They make no effort to hide this. Salaries and bonuses have even been discussed in meetings at which I was present, and everyone was well aware of it. For some reason or other, I was singled out and taken advantage of. I can't imagine that it could be legal to do this to someone, but maybe it is?

As long as you were paid at least minumum wage and possibly overtime, I don't see a problem with that. There is always a simple solution to a company that doesn't pay you enough- quitting and getting a better job.

Does that apply even if you are commissioned? Salespeople receive no base salary, not even minimum wage. I did not get overtime either- we were expected to do whatever it took to make the quotas, so if that meant working a 12 hour day then so be it. Does that change anything?

If you are an outside salesperson (in the office less than 1/2 the time, vastmajority of your time spent on sales and sales support) then, no, not even minimum wage is required. Keep in mind that even if minimum wage is required, that it doesn't have to be paid through a salary or hourly rate-your commissions just have to equal that amount.

And if you aren't even making minimum wage, why are you working there?

I was an inside salesperson and "B" Manager. I quit a few months ago. I continued on because I knew that a salary and bonus existed, and they would encourage me...."we're working on it" or "If you sell a little more..." (even though I was already over 100% of goal all of the time) Then, like I had mentioned in my previous post, they informed me of the "error" that they failed to tell me about for 2 years. Then they proceeded to bully me out of my position.

There is an implied contract is there not? The company actually distributes handouts detailing the salary and bonus stucture offered to all "B" Managers...except me? Isn't that a violation of an implied contract? Wouldn't it be reasonable to assume that if I have the same title, perform the same work, ect. that according to the company's guidlelines I would receive the due salary and bonus?

Possibly. If you have copies of the company documents that say that all B managers get that salary and bonus, I would take them to an attorney to have them looked over.

Keep in mind that contract claims are not money-makers for the attorney, so they are likely to charge you both a high up-front retainer and a high percentage.