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Draw V Commission Help!! Florida

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  • Draw V Commission Help!! Florida

    I'll just go ahead with my story and hope that someone can help. My husband quit his job last October after 5 years as a sales person for a company that sells buses. He was paid draw v. commission. His first 3+ years were profitable so his draw went up considerably. At one point, the company offered to give him a check for the overage because my husband did not want his draw raised any higher for fear that he would end up owing the company back down the road.
    Then came the end of 2007 and 2008. The comany changed their product line (cheaper product = less commission) and I believe they changed their commission structure to where the sales person actually received less commission from the sale. My husband's draw quickly started exceeding his commission. At one point, he even asked the company to lower his draw which they told him he would be fine and continued to pay him as they had. during the summer of 2008, when the owner finally did the books for the previous year, she realized that they were in fact over paying him and began to reduce his draw little by little over the next few months until he was making half of the previous year's salary.
    My husband quit in October of 2008 owing the company (according to them) $44,000. He had to quit so he could find a job to support our family- as the salary we had grown accustomed to over the past years was cut in half.

    My question is this: Shouldn't the company assume some kind of responsibility for not doing their books/commission/draw calculations for 6 months past the end of the prior year? Especially when my husband told them that he was being overpaid much earlier? Should it have been our responsibility not to spend the money in anticipation that we would end up owing the company back?
    We received a letter shortly after he left asking for him to repay them $600 a week until they were paid back in full. We received a letter yesterday, 5 months later, telling us that they will handle this through the legal system if they don't hear from us by Monday. (not to mention some really shallow comments were included in the letter from them)
    Should we attempt to work something out with them or let the legal system handle it?

  • #2
    I have deleted your two duplicate posts. All the responders read all the employment law forums; it only confuses things to have the same question in more than one forum.

    I'll leave it to one of the payroll people to answer your question.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Whether they "should" have or not may or may not be relevant. The fact is, they didn't.

      Both parties have the responsibility to try to mitigate the damages. They did not by waiting so long to do the reconciliation and by refusing to lower his draw when he requested it. He did not by spending money he should have known they would ask for back.

      I recommend seeing an attorney pronto.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment

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