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  • Wages, expenses

    Hi there,

    First post but I have found the iste quite infromative. Here's my situation and I am not sure if it is just tough luck or there is a violation of a law.

    First, I am the top producing sales person at my company. In 2005 I hit the revenue target for the year. My 2006 package being offered (which I have yet to accept) is for a lower comission than in 2005. Also, a channel (set of accounts) was taken from me. Bottom line is I have nothing but positive comments in my record but I will make 12.5k less in 2006 if I hit the same revenue target as 2005. I asked for a meeitng witht he VP sales and did not get a satisfactory result, so I asked for another meeting with the CEO (VP's Boss) and the CFO (head of HR) and of course my direct report the VP of sales. The CEO declined as did the CFO. I learned from the VP sales the CEO told the CFO (HR head) not to go to the meeting and let the VP of sales deal with me. The VP also said he woudl nto blame me if I left the company. I am a 10 year employee if that makes a difference.

    Second, our accounts dept is refusing to reimburse me for a meal expense that was apporved by my direct report (VP sales), I have receipts but not itemized so they will not pay. I contacted the HR manager about this and there has been zero reposnse in over 2 days.

    Our paychecks do not have accurate PTO balances on them, we must pay ATM fees, currency exhange fees etc when travelling. Also, I am paid monthly and seeing posts on this forum I am gettign the feeling that is not allowed?

    Finally, in 2004 I was involuntarily dropped from dental insurance and despite repeated inquiries to HR that my insurance was being denied. At the end of 2004 it was acknowleged that I was taken off coverage and was reimbursed for the costs after I argued that i had to be paid for insurance coverage.

    So do I have any legal ground to stand on or am I just at a bad company? If I leave the comany I assume I am entitled to all comissions owed from sales I have already performed along with vaca time I have accrued?

    Thank you for your help in advance.
    Last edited by Salesguy; 03-20-2006, 05:22 PM.

  • #2
    Some preliminary thoughts:

    Do you have an employee handbook and/or an employment agreement?

    Reimbursements are typically contract claims.

    As for the monthly checks, exempt employees can elect to be paid monthly, under certain circumstances.

    As for commissions, is there a plan? When are they determined? When are they due? What is the payment history?

    I'll have other questions for you when I get back tomorrow and can put more focus into your post and your reply.

    Best, Phil
    This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

    This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

    Comment


    • #3
      Thanks for posting, here's some answers to your questions.

      Do you have an employee handbook and/or an employment agreement?

      yes we have an employee manual and a sectionon expenses but it is very generic. the expense form we must complete has rules on it that the handbook does not have like no ATM fees, No currencey exchange comissions etc.

      As for the monthly checks, exempt employees can elect to be paid monthly, under certain circumstances.

      We do not elect to be paid monthly. We were told some years ago we would be paid monthly. EXEMPT employees are paid monthly on the 1st Thursday day of the month. I work for a software compnay if that helps.

      As for commissions, is there a plan?

      There is a comp plan that is contained in a spreadsheet the VP of sales hands out each year. Every year my comm rate has been the same, this year they dropped it.

      When are they determined?

      There is an annual review with new sales targets and a comp plan determined from the sales(revenue) target. Every year but this current one my comp plan has increased and like I said I hit our sales targets last year. There is no contract between me and the company.

      When are they due?

      We are paid on collections, collections occour based on client payments. Obviously, some pay better than others within their terms.

      What is the payment history?

      I am paid monthly on the collections made that month. Typical terms are 60 days from shipping.

      Thanks for the help on this.

      Comment


      • #4
        What if I quite?

        If I were to quit, would I be right to assume I would have to paid all vaca time (as stated in emplyee handbook) salary and owed comissions within 2 weeks or on the next pay date? Reaqson being is I am paid on collections so would they have to pay me on collections they have not made yet?

        is that correct?

        Thank you again for the help.

        Comment


        • #5
          Any employee leaving his employment shall be paid in full on the following regular payday. The regular payday for bona fide employees engaged in a bona fide executive, administrative or professional capacity may be monthly, if the employee elects so at his own option.

          So, a bona fide executive, administrative or professional employee who has elected to receive his checks monthly, would get his final paycheck at that ordinary interval.

          That paycheck would have to include all amounts due for vacation and wages.

          Whether or not you "elected" to be paid at your own option would be a question of fact decided by the courts, likely based on whether they believe you or the employer. Same goes for whether your commissions are "wages" or a "bonus" - as well as the actual terms of the plan. Lastly, whether or not your expenses are reimburseable would have to be decided, too.

          Unfortunately, if you can't get to an agreement with your employer, these are all things you'd be left litigating. And with no contracts, it looks like a "he said, she said" type of case.
          This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

          This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

          Comment


          • #6
            Thank you for the help. It would I am at a dead end with this compnay and do not have much to stand on aside from a he said she said. I really appreciate all the help.

            Comment


            • #7
              Just be sure to speak with your attorney before making a decision on whether or not to pursue it. And do it soon, because you may have time restrictions on when you would need to bring a claim, if that's what you ultimately decide to do.

              Good luck.

              Phil
              This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

              This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

              Comment

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