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commission employee, company shorted my sales on accident, they refuse to talk to me. Florida

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  • commission employee, company shorted my sales on accident, they refuse to talk to me. Florida

    Hi,

    My company pays me commission on the things I sell, and their computer was misprogrammed for the last two months, which shorted me about $1200 total. The problem is that they are taking too long to fix it, I have asked my manager 4 times to resubmit the ticket, and he has, but its a large company and it seems to get put on the back burner. The commission department refuses to talk to me, only to my manager. He is now turning around and saying that I should haven't waited until a week before my check to tell him. Even if its been after I get my check, they still have to pay me right? Sometimes I cant tell if I will be shorted until I get my check, they are downsizing and giving alot of employees severance over the next 3-4 months as paychecks and I wont be there soon. Can I sue them for the about $1200 and still get my severance, or are they aloud to discontinue my severance if I ever sue them? I cant afford not to get my severance.

    Thanks.

  • #2
    While they must correct the error, they don't have to do so in the week you report it. In fact, in your state, there is no set guideline for how long they can take to do this. If you don't get paid back after a few more weeks have passed, you can file a claim with the DOL. This is free and doesn't require "suing".

    I think you are jumping the gun to worry about severrance and what your rights might be before even being told you are being let go. Any rights you may retain depend entirely on any severance agreement you may sign. Certain rights may not be signed away such as the right to be paid.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      There were recent rulings by courts that severance agreements that forfeit the employee's right to sue are not legal.

      One of them was http://www.mdd.uscourts.gov/Opinions...eedOpinion.pdf.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

      Comment


      • #4
        So far this decision doesn't reach past MD's District Court. It is up for appeal but it has not yet been granted or denied. The courts here tend to be very conservative when it comes to employees signing away their rights.

        The court also didn't find fault with waivers themselves, and they are permitted if the only "right" the employee is signing away is the right to gain monetarily from filing a claim. In other words, you can sign away your right to collect damages, just not your right to report wrongdoing to the proper agencies.

        Bottom line, the OP hasn't been offered a severance agreement yet, so discussing the enforceability of such an agreement is a bit premature and best left to a lawyer who has reviewed the entire document.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment

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