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Company failed to deduct expenses from pay

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  • Company failed to deduct expenses from pay

    I live and work in Missouri. I use to sell cars and quit my job nearly a year ago. It was a strictly commissioned sales position. At the time I quit, I had 2 seperate car deals I had not yet been paid on. Both deals involved another salesperson and the commissions were to be split evenly. I was not paid on either deal; I did not expect to be paid (since I quit) and did not say a word about it. A month after I quit, I received a call from my former employer stating that they had failed to deduct my last cell phone bill from my paycheck. (We had a company plan in which half of our cell phone expenses were paid by the company, they deducted the expenses directly from our paychecks each month)
    My former company requested an amount 5 times what normally would have been deducted from my pay. I had requested to see the billing information to verify the charges. The telephone provider billed the company, who in turn billed us. I was not provided this information and refused to pay the money to my former employee. My former employee is taking me to small claims court over the bill ($190). After receiving my summons I wrote a letter to my former employee contesting their claims and now (for the first time) informed them that they failed to pay me my final 2 commissions. I threatened to counter sue and offered to settle the dispute. The settlement would involve them paying me $204 (the sum of the 2 unpaid commisisions minus $190 for the cell phone bill. They refused insisting that "I should have let someone know earlier" that I was owed money.

    I have proof, copies of buyers orders, of both deals and admission from the company that they paid the other salesmen my half of the commissions.

    Is there anything I should be worried about when I go to court? In my counter claim I am going to ask for $390 in damages for the 2 commissions and hope to get their claim dismissed entirely since they failed to deduct the expenses in a timely fashion. The commissions (more specifically my half) were intentionally given to the other employees, however I can not prove that claim in court without eye witness testimony and I am not gonna subpoena a witness over this petty amount of money.

    Any advice I'd appreciate, I'd think this company would be embarassed to have a judge hear this case... however they refuse to pay me and I've got too much time invested to dismiss the case. (Their counter offer)

    Thanks, Chris

  • #2
    Well you may need to subpoena this witness to prove you are owed half of the commission, if you did not inform the employer of this when you left. As for the cell phone bill, you asked to see what it really was and were not allowed to, so you need to see if the charge is true. You should use the subpoena power to get copies of the cell phone bills that you allegedly owe for to see if it is half or all. You also may want to serve interrogotories on the other employee. You may be ok with what you have, but witnesses help. If there are other folks no longer with the employer who knew of the arrangement, maybe they can testify.

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