T
theforce
Guest
What is the name of your state? North Carolina
I am currently receive both a base salary and commissions as a sales rep in the telecom industry. The commission is made up of two components, an upfront payment paid when the account is sold (and verified with the customer) and a billed commission payment paid when the account bills and the customer pays. I recently have had two sold accounts, that I was paid upfront commissions on, cancel. The company has charged me back the upfront commissions (approx $9700) associated with the orders. They continue to pay me my salary but withhold any new commissions until the amount that was charged back is "paid" back.
With all that said, I need some help on my options. Our compensation plan states "Negative balances will be carried forward to subsequent pay periods until the full amount has been recovered. If the participant terminates employment with ICG, whether voluntarily or involuntarily, the participant is still responsible for repaying any monies due to ICG. Participant agrees that any remaining negative balance may be deducted, to the extent permitted by law, from any final compensation otherwise payable to participant, without limiting ICG's right to pursue any remedy available under law or equity." Here are my questions:
1) How does a participant terminate employment involuntarily? Does that mean the participant is fired?
2) To what extent can the company pursue the commissions that have been paid and charged back? (i.e. withholding last paycheck, legal action?)
3) If I resign am I any more liable for the repayment of the charged back commissions than if I am terminated for underperformance?
Any and all help/opinions are greatly appreciated. THANKS.
I am currently receive both a base salary and commissions as a sales rep in the telecom industry. The commission is made up of two components, an upfront payment paid when the account is sold (and verified with the customer) and a billed commission payment paid when the account bills and the customer pays. I recently have had two sold accounts, that I was paid upfront commissions on, cancel. The company has charged me back the upfront commissions (approx $9700) associated with the orders. They continue to pay me my salary but withhold any new commissions until the amount that was charged back is "paid" back.
With all that said, I need some help on my options. Our compensation plan states "Negative balances will be carried forward to subsequent pay periods until the full amount has been recovered. If the participant terminates employment with ICG, whether voluntarily or involuntarily, the participant is still responsible for repaying any monies due to ICG. Participant agrees that any remaining negative balance may be deducted, to the extent permitted by law, from any final compensation otherwise payable to participant, without limiting ICG's right to pursue any remedy available under law or equity." Here are my questions:
1) How does a participant terminate employment involuntarily? Does that mean the participant is fired?
2) To what extent can the company pursue the commissions that have been paid and charged back? (i.e. withholding last paycheck, legal action?)
3) If I resign am I any more liable for the repayment of the charged back commissions than if I am terminated for underperformance?
Any and all help/opinions are greatly appreciated. THANKS.