Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Unpaid wages in GA

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Unpaid wages in GA

    I worked in sales for a family owned company in GA for 2 years. The last year I worked on a commission only basis, basically as a contract employee as no taxes were taken out, etc. I was fired for no reason in October (best thing for me) but the company still owes me approximately $10,000 for sales jobs that I secured. I have copies of the quotes for the jobs I secured and sold to the customers. While employed, the company paid me as each job was totaly completed. However, right now they continue to give the run around on why I have not been paid for jobs I know are completed, and they are making excuses such as the jobs are taking longer than expected, B has had to put in more work on the job, B had to change things, etc to short me money I would assume.

    How can I recover these wages? Who do I contact to assist with this? It is becoming obvious they are not going to pay willingly so I need to pursue other alternatives. Please help.

  • #2
    There legally is no such thing as a "contract employee". There are generally just "employees" and "independant contractors", although "statutory nonemployees" are also a possibility for a commissioned sales person. If you are not an employee, then traditional labor remedies such as wage claims are off the table. Independant contractors (IC) are subject to contract law, not labor law, and the traditional remedy is a small claims or general court action.

    Statutory nonemployees are "qualified real estate agents" or something called "direct sellers" which would include people telemarketing out of their house or newspaper delivery people. I always assumed that since these people were handled in a similar fashion to IC as far as remedies go, but that is a guess (meaning maybe incorrect).

    -----

    To further complicate the matter, this assumes that you are correctly classified in the first place. There is a chance that you are legally an employee.

    http://payroll-taxes.com/articles/em...ontractor.html

    http://www.dol.gov/esa/regs/compliance/whd/whdfs13.pdf
    Last edited by DAW; 02-04-2008, 05:12 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Statutory employees/non-employees are only an artifact of payroll tax and withholding law. The common law IC test would have much more bearing as to what ever state of federal remedy would be available to the OP.


      A similar example would be employees whose employers were granted ยง530 relief due to misclassifying them as IC's. While they are still paid as IC's, it doesn't preclude them from seeking remedies available to employees.

      Comment


      • #4
        Good to know.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Originally posted by JJTrulove View Post
          the company still owes me approximately $10,000 for sales jobs that I secured. I have copies of the quotes for the jobs I secured and sold to the customers.
          If you have a written commission plan that clearly states you earned the commissions under those circumstances, you may have a case. If there is no such written plan, you will have a tough time.

          Simply making the sale is not a good basis for paying a commission because too much can go wrong afterwards that results in the sales rep (or the rep's replacement if the rep has been terminated) having to do a lot more work to keep things together or the deal falls apart.

          I don't think Georgia enforces wage and hour laws, so you could contact the US Dept of Labor. I would not be surprised if they shyed away from this case due to the jello-like nature of commissions in the absence of a written commission plan.

          Your best bet would be to contact an attorney.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X