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100% commision employee w/o minn wage Michigan

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  • 100% commision employee w/o minn wage Michigan

    hello all this is my first posting here goes. for the last year and a half I have been driving to work 25 miles 1 way and back. I work as an inside sales rep in michigan full time. calling customers offering services and dispatching trucks. I am in the transportation industry. My checks would range from $0 a week to as much as $2700 a week. According to the conversation I had with the labor board i am told the employer owes me for back minn wage for the weeks i made under MW which there were a LOT of them. does this sound accurate? I do not want his back MW just want him to sign off on my non compete does this MW law give me any leverage on asking for him to sign off????

  • #2
    What is the status of your wage claim right now? Has the employer been ordered to pay? Have they done so? BTW, you should want the back pay legally due you. Why would you not? The two issues are not related.

    What do you mean by
    just want him to sign off on my non compete
    Are you saying you want noncompete agreement voided?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      back pay

      i have not filed the claim yet.

      Comment


      • #4
        Why haven't you?

        And what is the answer to my question regarding the noncompete statement?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          non compete

          well I would like to have him sign a waiver that cancels out the non compete so i can work with 1 customer i brought on to the company. I am looking to open my own business and my non compete keeps me from working within 150 miles and 1 year of his home office. So basicially if he doesn't cancel my non compete i have to accept a crappy job for a year. My main dilema with this company is they just opened an office 34 miles from my house and are trying to make me drive there everyday considering michigan's winters is actually a long distance i refused to drive that far for 100% comission no salary or MW or they said they wont pay mw and are talking about firing me. the reason for not filing for MW is i just learned of this law yesturday and i want to make sure i understand the law before i make a fool out of my self.

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          • #6
            My recommendation is that you file the wage claim as soon as physically possible and here's why. Generally speaking, employees are not protected against firing for complaining within the companyabout the violation of a law; they are protected, however, if they file that claim with the appropriate regulatory agency. Should push come to shove, the closer any termination might be to the filing of such a claim is legally suspect.

            Now, the noncompete. Before you do anything, take the document to a local attorney and get his/her advice as to whether or not the terms of the agreement are even enforceable in your state and under what circumstances.

            You're playing with fire here, though, possibly. "If, employer, you don't void this noncompete, then, employer, I will file a wage claim". "OK, then employee, you don't want to work here, fine, you're fired, go ahead and file the claim." So, then you're out a job (and your state, that isn't a situation to be taken lightly) AND it could be months before your claim is worked and you get any money.

            BTW, the place I'm working right now is a 66-mile commute and this will be my first winter at this job. It snows in Pittsburgh too, ya know.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              1 more question

              so I just want to be clear I understand the MW law basicially my employer is responsible to make sure every pay period which in my case was every week i made at least MW or he is responsible to pay the difference.? i have heard you can file a claim for up to 3 years if back pay on this..

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              • #8
                Yes, each workweek stands alone and the three years is the SOL in Michigan for a wage claim with the state DOL.
                http://www.michigan.gov/dleg/0,1607,...2284--,00.html
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Originally posted by Pattymd View Post
                  It snows in Pittsburgh too, ya know.
                  Great, all the more chance of having a white Christmas. (Can I say Christmas?)
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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