Not getting paid my commission as promised

Work at fairfax hyundai. Was told during
hiring process, that i would be paid salary
commission. After my 6 month probation
period they started paying commission on the
car additves but not the car parts. Asked
for a copy of my app 3 weeks ago still havent
recieved. Asked for contact with HR, and
they claim we dont have one. Its alot of
verbal discussion and never any actions.

Asked on June 23, 2016 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your only real option or recourse if you are not receiving all the commissions you believe you are owed  is to sue for breach of contract--for violation of the agreement (whether oral or written) pursuant to which you worked in exchange for a commission. In the course of that litigation, there are legal tools (called "discovery") you can use to get documentation and/or they will have to produce documentation of the commission plan at trial. There is no other mechanism, unfortunately, to get the document(s) if they won't voluntarily provide them or voluntarily pay the full commissions other than a lawsuit.

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