F
friendly
Guest
State is Indiana
My brother-in-law has worked as parts manage at a large automobile dealership. This is a senior management position in his company with salary and much commission. He was recently hospitalized and was off work for a week. When he returned he did not have his commission added onto his check. When he asked he was told that the employer wanted to review him first, and this was a check due from October so it didn't make much sense. When he went to the "review", the employer yelled at him and stated "I don't think you are management material". He had no documentation or bad reviews to back up this statement - he simply told him that his department was dirty and something about a past incident with a large retail account that was supposedly approved by an immediate supervisor. He was told that they were going to offer his position to someone who worked the parts counter and if that person didn't take the job he was out of one because they would hire someone else and not need another person on the counter. He was never given an opportunity to speak, and was forced to listen to the owner raise his voice the entire time, and be very threatening. Since he is salary and commission, I would think that he is required to have all problems documented, given to him prior to termination to fix, and then presented to him in a courteous manner. My understanding is this would be considered firing without just cause, and he should receive a severence package. Any ideas on this? He has been making very good money there, built an expensive house a couple of years ago, when he brought in another $500,000 annually in income from accounts to this firm - which he receives commission from, and cannot just walk out and find another job at those wages immediately.
My brother-in-law has worked as parts manage at a large automobile dealership. This is a senior management position in his company with salary and much commission. He was recently hospitalized and was off work for a week. When he returned he did not have his commission added onto his check. When he asked he was told that the employer wanted to review him first, and this was a check due from October so it didn't make much sense. When he went to the "review", the employer yelled at him and stated "I don't think you are management material". He had no documentation or bad reviews to back up this statement - he simply told him that his department was dirty and something about a past incident with a large retail account that was supposedly approved by an immediate supervisor. He was told that they were going to offer his position to someone who worked the parts counter and if that person didn't take the job he was out of one because they would hire someone else and not need another person on the counter. He was never given an opportunity to speak, and was forced to listen to the owner raise his voice the entire time, and be very threatening. Since he is salary and commission, I would think that he is required to have all problems documented, given to him prior to termination to fix, and then presented to him in a courteous manner. My understanding is this would be considered firing without just cause, and he should receive a severence package. Any ideas on this? He has been making very good money there, built an expensive house a couple of years ago, when he brought in another $500,000 annually in income from accounts to this firm - which he receives commission from, and cannot just walk out and find another job at those wages immediately.