Where can i find info on my rights as a commision sales person?
My employer seems to treat us like employees when it suits him, and as independant contractors when it suits him otherwise.
I dont know where i stand.
ScottB
11-21-2006, 11:29 PM
Care to give some details?
It would be kind of difficult to tell you what the employer can do legally without knowing the conditions of your employment.
Happy to provide a few details!
thanks for your reply
Some details:
i am a commision sales person at a major furniture gallery.
We are in the middle of a three month "vacation black out," and are also required to work 6 days a week most weeks. there are sometimes manditory meetings on your one and only day off, with no compensation.
One of our fellow salespersons has been using the computer to change the records to steal commisions from other people. the owners know about this and continue to employ him because his numbers are high.
I was told that i could have a weekend in november off (i asked about this in august). Some friends and i rented a condo. I had already placed a considerable nonrefundable deposit on the condo. The owner changed his mind in october and said i could not have the time off.
These are just a few.
any advice is appreciated
I can find loads of information about Employee rights, but i dont think i am technically an employee
ElleMD
11-28-2006, 02:40 PM
Are there deductions for taxes that are taken out of your paycheck? If so, you are an employee.
You may be paid on a commission basis. If so, you are not entitled to extra compensation for tasks that aren't directly related to sales such as meetings.
You can be required to attend meetings on your day off. You can be required to work 6 days a week. You can be prohibited from takin vacation during certain times. Your employer may change his or her mind about granting time off even if it was already approved. It stinks, but it is legal.
ScottB
11-28-2006, 02:57 PM
You are quite likely an employee, but, the bad news is, your "rights" do not extend to getting out of mandatory meetings or having a previously promised vacation time guaranteed. Whether or not you should be paid for paid extra for the mandatory meetings depends upon several items. I suspect you could be an exempt employee and not entitled to extra pay for the meetings.
The only thing you can really get upset about is the other employee that is stealing commissions. That issue is between you and your employer. One star performer taking from others won't make up for the loss of good performers that walk because of him.
What is the legal recourse for this situation?
the employer knowingly keeping an employee on after all the theft and fraud?
ElleMD
12-11-2006, 01:55 PM
There isn't any. An employer is never required to fire or even discipline an employee no matter what they do. If the employer opts to overlook certain transgressions for a star performer they may legally do so. You can not make them fire this other guy.