S
siren
Guest
What is the name of your state? KY
I was a commission-only sales rep for my company (which is based in Atlanta, but I was working out of a KY office), & was fired for failing to meet my sales goals. My paychecks were based upon signed contracts, not upon collections, so from time to time I was subject to chargebacks if my clients failed to pay their bills. Upon termination, I was informed that the policy for my severance pay was to pay me half of the commission $ they owed me & hold the rest for 90 days, in case my former clients failed to pay their bills. After 90 days, I was sent paperwork that showed that enough $ remained uncollected that they didn't owe me any more $. I was thinking of taking them to small claims court (the amount they held back was about $1400), and here's why I think I might have a case:
1) To the best of my recollection or records, I was never given an employee handbook of practices, policies, rules, etc. to sign upon my being hired. I'm thinking that I might have a case since I was not informed of this practice of holding my $ upon being fired as a condition of my acceptance of their offer of employment.
2) I'm wondering if there might be some kind of negligence clause I could enact in terms of their failure to collect the $ that was owed them by my accounts. My office, as we were told by management at least twice during my year's employment there, was under intense scrutiny for failure to collect their $. I assumed there wouldn't be much of a problem, considering it's in their best interests to collect their $. It's the salesperson's responsibility to collect for their accounts, but of course sales management is ultimately responsible for how well their people collect.
Hopefully, someone can help me decide if I have a case to take to small claims court. Also, I'm wondering what my access is to my records at my former employer. Can I go in and ask to see my file, to check & make sure they have no signed handbook on file for me? Last question: can I requisition payment records for my old clients that retained their accounts after I was fired and the accounts were transferred to someone else? I ask this because I know from experience that any amount paid would be applied to the back balance, UNLESS they paid the EXACT amount for a current month's bill. My thought process is that it's possible, albeit unlikely, that the new account rep (and therefore the management) ignored the old $ owed in favor of the new.
Hope someone can help! Thank you!
I was a commission-only sales rep for my company (which is based in Atlanta, but I was working out of a KY office), & was fired for failing to meet my sales goals. My paychecks were based upon signed contracts, not upon collections, so from time to time I was subject to chargebacks if my clients failed to pay their bills. Upon termination, I was informed that the policy for my severance pay was to pay me half of the commission $ they owed me & hold the rest for 90 days, in case my former clients failed to pay their bills. After 90 days, I was sent paperwork that showed that enough $ remained uncollected that they didn't owe me any more $. I was thinking of taking them to small claims court (the amount they held back was about $1400), and here's why I think I might have a case:
1) To the best of my recollection or records, I was never given an employee handbook of practices, policies, rules, etc. to sign upon my being hired. I'm thinking that I might have a case since I was not informed of this practice of holding my $ upon being fired as a condition of my acceptance of their offer of employment.
2) I'm wondering if there might be some kind of negligence clause I could enact in terms of their failure to collect the $ that was owed them by my accounts. My office, as we were told by management at least twice during my year's employment there, was under intense scrutiny for failure to collect their $. I assumed there wouldn't be much of a problem, considering it's in their best interests to collect their $. It's the salesperson's responsibility to collect for their accounts, but of course sales management is ultimately responsible for how well their people collect.
Hopefully, someone can help me decide if I have a case to take to small claims court. Also, I'm wondering what my access is to my records at my former employer. Can I go in and ask to see my file, to check & make sure they have no signed handbook on file for me? Last question: can I requisition payment records for my old clients that retained their accounts after I was fired and the accounts were transferred to someone else? I ask this because I know from experience that any amount paid would be applied to the back balance, UNLESS they paid the EXACT amount for a current month's bill. My thought process is that it's possible, albeit unlikely, that the new account rep (and therefore the management) ignored the old $ owed in favor of the new.
Hope someone can help! Thank you!