Not getting my vacation and expenses paid after being fired.

I was hired 7 months ago (Software Company). I was hired to sell their data software for engineering departments. They also just launched a new program and asked me to head that up 2 weeks after I was hired. I accepted the challenge and started, learning, presenting and selling this new program. NOTE: Hired at a base (30% drop in base after 3 months) and commission. After 2 months they changed the program and gave me the main package to sell also (help my comp). After 2 months they changed it again (manager stood down or demoted). The new package became their main focus. By this point the sales department has no structure, some sales people with advantages over others, people leaving.The company tells me that they forgot to change my base when it was suppose to and I owe them the money. I told them to take it from my commission, they said yes. 1 month later they took my commission, but it did not cover the full amount (1/2). 1 month later they call me up and fire me.I asked for my vacation time and expenses, they say NO, you still owe us. Some of the deals I was working for 6-7 months were getting ready to pop. I get an email from the company and it states, my expenses, vacation time, equals this and you still owe us this, if you call or respond to this email and say OK, we will not come for the remainder.NOTE: I did sell the 2nd most of this package from any other sales person. Well liked and respected by employees. I want my vacation time and expenses; do I have any rights / actions? They should have paid me through the month, or more, considering the circumstances explained above

Asked on May 18, 2009 under Employment Labor Law, Ohio


R.C., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In answering this, I'm assuming you had no written contract.  You might have had an oral contract (i.e., they told you at some time that you would get vacation time and expenses (certainly) if you were let go.  Or there might have been an employee handb ook which said the same.  As far as their forgetting to change the base and forgetting to tell you when it was changed, it's probable that you don't owe them anything.  Actually, it sounds like they're trying to cadge you out of money owed you.

But, you are going to need an attorney to settle this.  Therefore, you need to decide whether the money at issue is worth attorney's fees.  On the other hand, lawyers sometimes don't charge any fee for the initial consultation.  You should probably go this far, and see, given all the facts, whether the attorney thinks it is worth it for you to sue for your vacation pay and expenses.


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