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My former employer sent me a check last Friday for 7k now they want 11k back. Florida

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  • #16
    Update: Jan 2013

    They are not charging me for alleged OVERPAIDMENTS they are really trying to collect from customers that did not pay back their bills in that sense I think the right term is "Commissions charge back"

    This is their statement

    "We received information about commissions that were overpaid to you in 2010 and 2011, in the amount of $11,782.09. The commission amounts are $8,822.80 paid to you in 2010, and $2,959.29 paid to you in 2011"

    They Sent me a detail of all the customers accounts, and commissions details:

    Now this company works is this Way:

    -When you are not longer working for then they will assign this account to other reps... counting that against then and limiting then from making any commissions until they get to positive numbers.
    -They do have an collection department so when the rep is unable to collect that Money they will go after the customer to try to make then pay.

    I think is unfair that I being charge for sales that I am not longer have control over, this customers can paid their bill tomorrow or never (they are in collection with the company at this very moment), but I can't do anything about it because I don’t work for this company any more and its being a long time since I can not do anything about it.

    Basically this company gets money from his current employee (by not paying then commissions), by the collection department from the customer and from formers employees like me.

    But I am really need to talk to a Fl Lawyer because they are calling me from a collection agency hired by them.
    Any Advise is appreciate.

    Comment


    • #17
      I have no magic answers that have not already been discussed. Unless there are MW/OT issues, the feds do not care. And FL rarely cares about anything. If you were interested in going to court, your attorney would have to read every word in every document. The best I can say is maybe you owe the money and maybe you do not. Your employer saying you owe money is just the employer's opinion. Until/unless they get a court to agree with them. Only a local attorney who has read all your documents and is familar with local case law can give you a good guess how serious this is.

      You mentioned "fair". Fine, lets say it is not fair. What does that get you? (Hint, the answer is nothing).

      Your employer is an idiot, but that is not necessarily against the law. If I had handled your commissions, I would have written the agreements up front that all commissions would have been based on net commissions actually paid. Which makes all of this stuff go away problem wise. Making payments on sales not actually paid by the customer is dumb. Basically in you are in a position that if you want to go to court, someone will have to research to see how FL courts have handled this before. Plus read all related documents. I do not know, and do not care about this law. Not my state. I can say that this entirely avoidable mess does not give me warm fuzzy feelings about your employer's competence.

      I can say that sending something out to collections is not a strong action. All that means is that instead of the employer calling you up and asking for money, they are having someone else make the calls for them. Now maybe the employer or collection agency is serious enough to take you court. Or not. Cannot tell based on what you have said. Perhaps the employer is no clearer on the related law then you are. If you have any documents you signed, now would be a good time to read them.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #18
        Originally posted by DAW View Post
        I have no magic answers that have not already been discussed. Unless there are MW/OT issues, the feds do not care. And FL rarely cares about anything. If you were interested in going to court, your attorney would have to read every word in every document. The best I can say is maybe you owe the money and maybe you do not. Your employer saying you owe money is just the employer's opinion. Until/unless they get a court to agree with them. Only a local attorney who has read all your documents and is familar with local case law can give you a good guess how serious this is.

        You mentioned "fair". Fine, lets say it is not fair. What does that get you? (Hint, the answer is nothing).

        Your employer is an idiot, but that is not necessarily against the law. If I had handled your commissions, I would have written the agreements up front that all commissions would have been based on net commissions actually paid. Which makes all of this stuff go away problem wise. Making payments on sales not actually paid by the customer is dumb. Basically in you are in a position that if you want to go to court, someone will have to research to see how FL courts have handled this before. Plus read all related documents. I do not know, and do not care about this law. Not my state. I can say that this entirely avoidable mess does not give me warm fuzzy feelings about your employer's competence.

        I can say that sending something out to collections is not a strong action. All that means is that instead of the employer calling you up and asking for money, they are having someone else make the calls for them. Now maybe the employer or collection agency is serious enough to take you court. Or not. Cannot tell based on what you have said. Perhaps the employer is no clearer on the related law then you are. If you have any documents you signed, now would be a good time to read them.
        Daw Thank you Like always....

        Comment


        • #19
          My case is now in a collection agency

          What worried me the most if that they my ruin my credit... my credit its being always good.. I really take care of all my obligations but in this case I dont think is fair to pay them....

          Is there a chance that they report to the Credit Bureau?

          Thanks

          Comment


          • #20
            My case is now in a collection agency

            What worried me the most if that they my ruin my credit... my credit its being always good.. I really take care of all my obligations but in this case I dont think is fair to pay them....

            Is there a chance that they report to the Credit Bureau?

            Thanks

            Comment


            • #21
              Anything that gets reported to a collection agency can show up on a credit report.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment

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