would like some advice on some outstanding issues

Was let go due to job elimination on 2/12/07.

Item 1: lost 2 weeks of vacation under the use or lose rule 2006? Had no time to take and they refused to pay me?

Item 2: will not pay me holiday/personal days for 2007 (5) days

Item 3: will not pay employee referral fee of $2000 even though they have paid the first $1000 they state since i referred new hire in 7/05 the first $1000 was due in 10/05 which they did pay. Then in 1/8/06 the $2000 was due I was written up on 1/4/06 on some bogus stuff that happened 2 weeks before in December? they stated I was not in good standing so I was not eligible for referral fee? Then on 8/2006 I was promoted for the 3rd time in less than a year. They again on 9/2006 paid an additional $1000 for another employee that I referred. Now they are refusing to pay the additional monies owed stating at the time the monies where due on 1/8/06 I was not in good standing. would I be due the monies after I was in good standing? and would that be of course since I was promoted again in September of 2006?

Item 4: commissions they will not pay out commissions or provide documentation as to why they should not pay out any commissions. They have also min requirement of 65% install rate to get paid is this legal?

Briefly:

1. Use it or lose it policies are valid in MA. How many requests did you put in for vacation in 2006? Did they tell you you coudn't take vacation at some point last year and indicate something like, "but don't worry, you can take it in the beginning of the year."

2. Vacation pay is a "wage." If they're firing you, they must pay it out on the date of termination, and if they haven't paid you, then you should make a claim with the MA Attorney General. Same goes for the answer in #1. If they owe it to you, then add it to your claim with the AG.

3. The way you describe the referal fees, you may have a contract claim. This devolves into a he-said-she-said battle in court.

4. Commission plans are also generally governed by contract. As long as they follow the terms to the letter, companies usually have no problem with them. The question for you is: under the terms of the plan, is the commission "due and determinable"? If they owe the commissions, then add them to your claim with the AG.

Hope that gives you a start.

Item 1. I did request the pay or vacation and I was told I had to take it my March or lose it. The only problem was there was no availability to take the vacation provided?

Item 3. The policy is in the hand book as well as they posted it on several walls and in every break room trying to employees to make referals.

Item 4. They never provided documentation of the Manager Compensation Plan that was refered to in my offer letter? They changed the guidlines as they went along to suit there benefits? They would change the quota, the rules or anyting else for that matter.

I have filed a complaint with the AG but still have not heard anything? What is the average time line?

Thanks again.
Aldanley

It's my understanding that the Massachusetts Attorney General has been very busy lately - not surpising given the change over to a new AG amidst the big dig contractor missteps, rampant mortgage fraud, tough health care debates and everything else going on in this state.

Although I can't predict when they'll get back to you, I can tell you they've got some of the best staff in the city, and they usually respond within a few weeks. If you have an urgent issue due to a statute of limitations or some other reason, you could try calling or sending a letter explaining your situation.