What can I do about an employer who hired me to do sales with a 35% commission, however after I got the sales and turned in my contracts they fired me?

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What can I do about an employer who hired me to do sales with a 35% commission, however after I got the sales and turned in my contracts they fired me?

I worked for this company for about four months as a salesman on commission. I used my own gas to go out and try to find them jobs. When I got the jobs met the insurance adjusters and they got the first check they fired me. They did not give me any of my commission. They tried to call and offer me $1200 to call it even but owed me about $5000 off just the job they had the check on. All together my commission should been around $15,000. I told them they completely scammed me to get them jobs. They have been sending me harassing texts and emails.

Asked on April 23, 2012 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you did work pursuant to an agreement, including an oral agreement, to be paid a certain commission, you must be paid as per the agreed-upon terms. While your employer could have changed the commission rate or structure at any time, if there was no written contract, it could only be changed on a forward-looking basis; i.e. from when they announce or provide notice of the change. For all work done up to the notice of a change in the rate or structure, you should have been paid as per the then-in-place structure. If you are not paid as per the agreed-upon terms, you could sue for the money you are owed.

You should consult with an attorney; from what you write, you may have a legal claim for $15,000.


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