Underpayment from a former employer?

Get Legal Help Today

 Secured with SHA-256 Encryption

Underpayment from a former employer?

I previously worked for a company in NE that is based out of Virginia approximately 4 months ago, for 5 years. I was a store mgr and my pay was salary, plus a bonus/commission monthly. I just found out from the current mgr that the monthly bonus which is percentage based on performance was being calculated incorrectly over a 4 month period while I was the store manager resulting in approximately a $1000 underpayment. The company however paid it to the current manager. Do I have any right to recoup that money since it should have been paid to me in the first place, even though I’m no longer employed by them? I was not terminated, but took fanother job, gave 2 weeks notice and left on good terms.

Asked on December 9, 2016 under Employment Labor Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you had a written bonus agreement, commission agreement, or employment contract which stated the terms and calculation of the bonus/commission, then you can enforce that contract, including by a lawsuit (for "breach of contract") to get the money to which you are entitled.  However, in the absence of a written agreement, all aspects of employment, including compensation, are "employment at will," which means--among other things--that the employer effectively pays you the commission or bonus it chooses. Thus, even if they were "wrong" in terms of how they should have calculated them, they legally are allowed to do it "wrong": again, when it's not in writing, your bonus is whatever they choose to pay you. So without a written agreement, you cannot enforce the calculations you believe they should have made or the amount you believe they should have paid.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption