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When I was hired by this company I was guaranteed a commission of $500.00 each of the first two months I was working there, I left before the end of my second month, and they are refusing to pay either month stating I wasn't there my entire training so I don't get paid for the commission. (Keep in mind training ended after the first week.) Also, they are trying to collect $500 for training, I don't have a problem at all paying that, I just want to make sure they legally can collect for training.
Here is what was emailed to me after I asked about the lack of commission:
"OK - I hope this clarifies things a bit. You were not here for a full month so no commission is being paid out. Additionally, had you earned we would have deducted $500 for training costs (in the offer letter as well). I am planning to clarify this information on future offer letters to candidates."
Here is the piece in my offer letter that was signed and returned on the first day of work in regards to commission:
2. Compensation and Benefits.
Your compensation will consist of an hourly wage and commissions with the possibility of an additional bonus.
Base Wage. You will be paid $11.00/hr, less applicable taxes, deductions or other charges authorized by law or by you. In addition, during the first 60 calendar days of your employment, you will receive a guaranteed commission of $500.00 a month. You will be paid via direct deposit if that is what you elect. Please fill out the necessary paperwork on the first day of employment. Because you are in a non-exempt position, you are eligible for overtime compensation for those hours that are deemed overtime hours under state and federal law.
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I have also been sent an email that states "A "month" equals a minimum of 30 days. Therefore you did not meet that minimum requirement for commission since you didn't even work 30 days."
I don't think anyone actually works thirty days in my business since we get weekends off. Furthermore none of this minimum is anywhere in my offer letter.
Finally the other two people who were hired with me have only worked 25 days to this point and were paid commission, this completely contradicts what I was told by HR.
Thanks for any help you can give me, just trying to find out if I have any recourse,
Marc
Here is what was emailed to me after I asked about the lack of commission:
"OK - I hope this clarifies things a bit. You were not here for a full month so no commission is being paid out. Additionally, had you earned we would have deducted $500 for training costs (in the offer letter as well). I am planning to clarify this information on future offer letters to candidates."
Here is the piece in my offer letter that was signed and returned on the first day of work in regards to commission:
2. Compensation and Benefits.
Your compensation will consist of an hourly wage and commissions with the possibility of an additional bonus.
Base Wage. You will be paid $11.00/hr, less applicable taxes, deductions or other charges authorized by law or by you. In addition, during the first 60 calendar days of your employment, you will receive a guaranteed commission of $500.00 a month. You will be paid via direct deposit if that is what you elect. Please fill out the necessary paperwork on the first day of employment. Because you are in a non-exempt position, you are eligible for overtime compensation for those hours that are deemed overtime hours under state and federal law.
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I have also been sent an email that states "A "month" equals a minimum of 30 days. Therefore you did not meet that minimum requirement for commission since you didn't even work 30 days."
I don't think anyone actually works thirty days in my business since we get weekends off. Furthermore none of this minimum is anywhere in my offer letter.
Finally the other two people who were hired with me have only worked 25 days to this point and were paid commission, this completely contradicts what I was told by HR.
Thanks for any help you can give me, just trying to find out if I have any recourse,
Marc
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