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Unpaid commissions from CA company w/ satellite office in NV California

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  • Unpaid commissions from CA company w/ satellite office in NV California

    I'm in the mortgage business and worked for a CA LLC out of a small office in NV. This company was an affiliate of a mortgage bank in CA that recently completed a merger with a national bank. I am now an employee with the nat'l bank along with the president / owner of the LLC. The LLC however stiffed me on several commission payments owed to me from Jan 2007 through August 2007. The LLC also withheld commissions of which there is still no explanation of why they withheld. They also charged me for the employer's portion of payroll taxes! I have since filed a claim with the CA Labor Commission but the employer called them and asked why the case would be reported to CA when my office was in NV. The case is now in audit and I'm awaiting my first meeting. The NV office operated illegally until February 2007, without business licensing... The CA LLC has financial problems with many unpaid debt in NV. Since the merger picked up all parties, can I present my case to the nat'l bank HR dept? I would like my money but in the end I want this jerk put in his place. He's currently in a managerial position with the bank and many of his loan officers including myself are starting to leave his direction. A co-worker won a small claims decision against the same "guy" for $200 over 6 months ago and still can't get the payment out of him. I'm now living in Hawaii, the NV office is closed, and the LLC with all of the employees including myself moved over to the nat'l bank. Appreciate any comments!

  • #2
    If you worked in NV, you would file with the DOL in NV, not CA. It doesn't matter where the headquarters are, the company must follow the rules for the state where the employees actually work.

    Certainly you can take this up with the new company. There is no reason you can not. Realize though that as part of this merger, the new company likely did a careful review of the records of the old one and knows what kind of guy your old boss is and has accepted him anyway. My point is that you are much better off working on getting paid what you owe and forget trying to get this guy. there are no guarantees that the new company will fire him and it doesn't paint you in a very positive light.
    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.

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    • #3
      Thanks ELLEMD! I called the Labor Commissioner in CA and they instructed me to file in CA not in NV. The former boss also seems to think I should have filed in NV... I guessed he has started BK filings on his LLC by now.
      I fully agree with you on not bringing the current employer into this. He's sort of digging his own grave now. Just found out he has cutoff most of the staff from receiving sales leads with the entire lot going to his family and 3 or 4 "top performers". His son who was a slack is now a "top performer"... Hope Karma takes care of this side of the deal!
      Have yet to hear from CA commissioner on if I'm suppossed to go to NV or not. She noted if you don't hear from me then all is a go...

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      • #4
        Are you sure? Not buying it.

        If you worked in Nevada, Nevada law would apply. The fact that it is a California company is irrelevant. The "Labor Commissioner"'s office is the one that handles wage and hour claims for Nevada. The agency that handles that in California is the Division of Labor Standards Enforcement.

        I wouldn't wait to "hear" from California. File in Nevada; that's where the claim belongs.
        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
          Hi PattyMD, My hearing is next week. If I wait til this happens pending results if any, I may (be forced to) file in NV. My dilema is I am now living in Hawaii. Travel and such to attend a live hearing would be about $1K. My claim is for $2600... Even if I were to be awarded double, how would I collect my funds from this deadbeat? He has already lost a case to another co-worker for $250 over 6 months ago and still refuses to pay... He's burned a lot of people and companies! He has abandoned all of the office furniture and equipment in NV, as well as declining to pay vendors for services rendered on advertising. Yet his listeners on the radio waves and supporters have no clue what a jackass this guy really is.

          Comment

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