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unpaid commission

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  • unpaid commission

    I was employed by a NY company as a Regional Manager working from my home in NC. Compensation was about 60/40 split between a base salary and commissions earned. My employment contract was always verbal, though I was with the employer for over a decade and held a number of positions.

    I sold a project in June 2003 that earned me $5,000 in commission and was terminated by the company in October of 2003. At the time of termination, the employer stated that I would be paid only 2/3 of my earned commission. No reason for the reduction was given, nor was there any precedent for this policy change, making it completely ambiguous. As an aside, I never agreed to the reduction.

    In the intervening time, I requested payment on several occasions to be told that they had not received any payment from client, and so would not pay me. In the past (although I have never seen it documented anywhere), I was paid when clients paid, so I did not question this.

    Now almost 2 years later, Company offers $1,000 for me to go away, while acknowledging that they "have received some pay" from the client. Please note that this companies standard terms were 2/3 payment BEFORE anything shipped, and on this particular project the proposal stated at least 1/3 was required before equipment would ship. I counter with $2,500 offer and did not receive any response.

    I have sent a Demand for payment letter. I am preparing to file a wage complaint with the New York State DOL (I spoke to the DOL in NC and they said I would be wasting my time, since they have no leverage over a NY company).

    I am anticipating hiring an attorney to resolve this after exhausting the NY DOL route.


    1) am I proceeding correctly so far?
    2) Should I try for a judgement in NC court or in NY court?

    At this point I could care less about the money, its not life changing. I'd gladly give it all on contigency if I could find a mastiff of a lawyer to punish, yes punish, the arrogant SOBs!

  • #2

    btt ..... btt


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