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Thread: Commission Employee - California

  1. #1
    Junior Member
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    Oct 2017
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    Default Commission Employee - California

    I am a part time, commission employee (3-month tenure) of small RV dealership in the Sacramento area who is 1 of 2 employees not blood related to this family owned business. The family is overly, if not extremely, protective of one another in day to day business dealings. My main complaint is not getting commission vouchers since day one. Four separate verbal requests have been made by me to obtain these vouchers (dates annotated) to management (family member). The answer is always, "She might be behind," "Hasn't gotten to them," etc. (The payroll clerk is immediate family.) I have no idea what I am being paid per unit, customer name, charge backs, etc., although "commission" is annotated on my bi-monthly pay stub. I could have certainly requested an audit, but my intuition led me to believe- instant termination.

    My second concern is a signed pay plan. I honestly do not remember signing a pay plan with specifics which leads to me to believe I did not sign one nor did I retain a copy (which I always do). However, a verbal agreement of 25-percent of gross profit was reached with no specifics were mentioned... Coupled with the above paragraph there is certainly a concern for "skimming" of my pay, but I cannot prove it without the vouchers. Rumor has it from previous employees that "pack" (for overhead purposes) is constantly being adjusted after the sale instead of a set figure. (I have never not seen pack not annotated on a pay plan agreement.) Additionally, one of the family members (by marriage) slipped and mentioned the owner will skim your pay if he feels you're making too much.

    This next issue is more than likely a DMV one. Is there a time limit on holding monetary deposits on units prior to signing a contract or the final contractual agreement? There are an awful lot of units that wait more than the 7 to 10 days (company policy), before actual delivery- sometimes up to 3 or 4 weeks! I certainly understand ordering parts, labor, etc., but a lot of units are taking off the market (by, you guessed it, a family member) to "hold/secure" a unit before the initial visual inspection by the potential buyer even happens. And some deals, if not many, are cancelled. This is certainly cutting into my ability to make customary wages.

    My only option appears to the submitting a claim to the labor board for the commission vouchers and an audit of my pay. I am certain this is going to cause a firestorm! However, this morning, we had somewhat of a heated discussion about a customer that wanted to take delivery; which, was contingent of the deal, prior to the "7 to 10 days policy." I have a gut feeling this will lead to termination and am somewhat ok with it. With that in mind, should I inform my employer of my intentions of submitting a claim to the labor board and/or DMV before they have a chance to fire me? My hope is they understand reprisal and I can look for another job during the process and move on.

    In my younger days I would just simply look for another job, but opportunities are limited in my area, moving my residence is out of the question and it shouldn�t be an unreasonable request to know what my actual commissions are. The only plus side is I am retired military with money coming in- I can hold out for a little bit

    Any suggestions/advice is welcome!
    Last edited by JCA; 10-06-2017 at 02:11 AM.

  2. #2
    Senior Member
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    Jun 2006
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    Default

    If they have a legitimate reason to fire you, "With that in mind, should I inform my employer of my intentions of submitting a claim to the labor board and/or DMV before they have a chance to fire me? My hope is they understand reprisal and I can look for another job during the process and move on." Filing a claim won't stop them from doing so and they will be able to prove they were going to do so prior to you letting them know of your intentions. It wouldn't be considered retaliation until (1) you actually filed the claim with the labor board and they were notified and (2) they terminated you without having any other reason -- but they seem to already have a valid reason from your "heated discussion"

    As to the pay plan/commissions questions, hopefully DAW will be around soon to help you on those. I am not sure what a commission voucher is honestly.

    You'd have to call the DMV regarding deposits, but I can't imagine you have any standing to complain since you haven't given a deposit. It's probably up to company policy on what is allowed to be on "hold" and pulled out of saleable inventory. If they were taking deposits and not eventually transferring product for payment, and scamming customers, you might have an issue. But inventory management? I am not seeing a legal complaint.

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