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Commission Payout Structure in NC --- North Carolina

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  • Commission Payout Structure in NC --- North Carolina

    Just was let go by a software firm in Atlanta Dec 10. I have $25K coming in commissions, that were already paid to the company. My former company tells me that I must wait until Feb 09 to collect, even though I would have collected my $25K on Dec 31 normally.

    It seems like there is a huge discrepency in what my former company is doing to me (and others) and what they did previously. I was wondering if anyone had any input/previous experience on this matter.

    TH
    Last edited by cbg; 12-11-2008, 06:24 AM.

  • #2
    I have removed your e-mail address for your own protection. Trust me, you do not want some of the spammers who have recently invaded this site to know how to find you.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      thanks

      appreciate it cbg

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      • #4
        So what was the reason you gave? Do you have a commission agreement that states when commissions are earned, paid, and what the policy is if you earn the commissions but terminate before they are paid?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Contract for Commission Distribution

          1. Company sends invoice to customer
          2. Customer pays within 30 days
          3. Within 15 days of that transaction, sales force is paid on a normal payday

          In my case

          1. Company send invoices
          2. Customers paid in Nov 08
          3. Normal disbursement would be either Dec 15 or Dec 31 for Nov pymts
          4. Company tells me that I will not get anything until Feb 09

          Contract for exit specifies, weakly, "the employee therein shall recieve their entitled & paid commissions through 30 days past exit date".

          I am well within the 30 days. My clients paid in Nov 08. I was slated to be paid commissions on Dec 15 (if I had been with the company).

          Ideas?

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          • #6
            "Exit date" to me sounds like termination date.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Exit Date

              Yes. Exit date. Termination date. I was terminated on Dec 10. My 30 days grace period for collecting commissions expires Jan 10 2009. Since my clients already paid in Nov 2008, I really shouldnt have to wait two full months. Thus my line of questioning here. Thanks ! Just curious if I have a leg to stand on if I need to roll in there with an attorney. Would it be worth it?

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              • #8
                An attorney would be the only one who could tell you how strong your position may be.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  You posted in NC. In NC, all unpaid wages, etc., are supposed to be paid on next regular payday after termination. But your post mentions Atlanta. I don't know what the law is in GA.
                  Bob Bollinger, Attorney
                  Board Certified Specialist in NC Workers' Compensation Law
                  Charlotte, NC

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                  • #10
                    Where was the actual work done? Generally speaking labor law is a function of the law in the state where the work was done and not where the employer is headquartered.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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