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Commission not being paid Washington

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  • marc4242
    started a topic Commission not being paid Washington

    Commission not being paid Washington

    When I was hired by this company I was guaranteed a commission of $500.00 each of the first two months I was working there, I left before the end of my second month, and they are refusing to pay either month stating I wasn't there my entire training so I don't get paid for the commission. (Keep in mind training ended after the first week.) Also, they are trying to collect $500 for training, I don't have a problem at all paying that, I just want to make sure they legally can collect for training.


    Here is what was emailed to me after I asked about the lack of commission:

    "OK - I hope this clarifies things a bit. You were not here for a full month so no commission is being paid out. Additionally, had you earned we would have deducted $500 for training costs (in the offer letter as well). I am planning to clarify this information on future offer letters to candidates."


    Here is the piece in my offer letter that was signed and returned on the first day of work in regards to commission:

    2. Compensation and Benefits.

    Your compensation will consist of an hourly wage and commissions with the possibility of an additional bonus.

    Base Wage. You will be paid $11.00/hr, less applicable taxes, deductions or other charges authorized by law or by you. In addition, during the first 60 calendar days of your employment, you will receive a guaranteed commission of $500.00 a month. You will be paid via direct deposit if that is what you elect. Please fill out the necessary paperwork on the first day of employment. Because you are in a non-exempt position, you are eligible for overtime compensation for those hours that are deemed overtime hours under state and federal law.



    ----
    I have also been sent an email that states "A "month" equals a minimum of 30 days. Therefore you did not meet that minimum requirement for commission since you didn't even work 30 days."

    I don't think anyone actually works thirty days in my business since we get weekends off. Furthermore none of this minimum is anywhere in my offer letter.

    Finally the other two people who were hired with me have only worked 25 days to this point and were paid commission, this completely contradicts what I was told by HR.

    Thanks for any help you can give me, just trying to find out if I have any recourse,

    Marc

  • marc4242
    replied
    Should I just take them to small claims court? It will only cost me $25 to file, probably less than it would take to get the attorney advice. What's the worst that could happen, they get to keep the $500 "for training" that they already have. I'm sure the judge would be more than happy to determine if it is a contract or not. They probably wouldn't show up anyway.

    Thanks for your help,

    Marc

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  • Pattymd
    replied
    Take your offer letter to a local attorney versed in contract law to see if it rises to the level of an enforceable contract, and if it does, if the employer has breached it. I doubt it does, but it doesn't take but a few dollars to find out.

    Leave a comment:


  • marc4242
    replied
    It's not an all commission job, I have been paid my base pay already, the are refusing to pay the commission, which was guaranteed (above and beyond the base pay) no matter what my sales were.

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  • milspecgirl
    replied
    i'm not sure about the rest, but the part where they would take any commissions out of the base pay is correct. They pay you the 500 (or minimum wage or whatever) as an advance. Then when you earn commissions, it goes back against that until the base is paid back, then you get the commissions from then on.

    Leave a comment:

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