Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

can i sign away my rights to be paid? Michigan

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • can i sign away my rights to be paid? Michigan

    I took an inside sales position(telemarketing) with a company that had me sign a form saying I agreed that I would not be owed wages if I was not still employed on a pay date. Needed a job! Nine days into a bi-weekly pay period I was released for not meeting quotas. I contend that I am still owed for 70 hours minimum wage work if not, in fact, the $10. per hour "training bonus" wage promised in the offer letter.
    Any input? Thanks!

  • #2
    You must be paid for any and all hours that you have worked. You CANNOT sign away your rights to get paid. If your employer does not pay you they are breaking federal law.

    You can make a claim with the DOL for unpaid wages.

    Comment


    • #3
      thank you!

      I'm sure getting my money is still going to be a hassle...but I really appreciate your help Julie!

      Comment


      • #4
        Was this job going to be straight commission at some point?

        That would be a common way of structuring commissions for outside sales reps. If you aren't employed when commissions are paid, you get no commission.

        That works for outside sales reps, but not inside ones. The problem is, many companies try to treat telemarketers and some other sales folks the same as outside sales reps.

        There have been bills before Congress to allow telemarketers and some others to be moved from inside sales to outside sales. They didn't pass when the Republicans controlled both houses and have no chance of seeing daylight now.
        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


        • #5
          Thanks Scott... I never thought about it from a commissions point of view.

          So are you saying because she works inside sales she cannot be considered a commissioned employee?

          Comment


          • #6
            Originally posted by JulieBean View Post
            because she works inside sales she cannot be considered a commissioned employee?
            No, inside sales CAN be commissioned, but they MUST make minimum wage, so, if they are straight commission and make NO commissions, the employer must pay minimum wage, at least.

            Inside sales reps that make one and a half times minimum wage and at least half the pay comes from commission can be exempt from overtime.

            The OP may be correct -- 70 hours of unpaid work owed at minimum wage or more.
            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


            • #7
              fascinating!

              It's fascinating to see how a point is fleshed out! For your info...the original offer letter said that I would be paid a "training bonus" for 5 pay periods (10 weeks) @ $400./week for 40hrs work. After that I would be on 100% commissions. I have file a complaint with the DLEG of the State of Michigan.

              A side note...by the time I was terminated only 1 person of the original training class of 6 was still employed and none of those received full payment for hours worked!

              Thanks again!

              Comment

              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
              Working...
              X