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Gave notice...not paid

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rogerkhunter

Junior Member
What is the name of your state? Indiana

I am/was a "Remote" sales person who was paid a Base salary plus commissions. My employer "Asked me to resign" due to not meeting their required production goals. I did so in writing, and gave a 2 week notice. I then Inquired (by email) if I was to continue calling on customers during that two weeks, and was told not to call on customers. At the end of the 2 weeks I was not paid my salary for the two weeks. only commissions.
Is the employer required to accept the two weeks notice?
If they are not going to accept the notice are they required to tell me this?
If they do not take the two week notice is this considered "Termination"?
If so, would I then qualify for unemployment benefits from the date of my resignation letter.

Additionally, The employer made a change in the commission structure for production in January, and did not notify the sales force until Feb. 3rd. Can they make a retroactive change in commission structure?

They also made a change another change in commission structure on Feb 10th and made that effective for all business for the monthe of Feb. (Again, making a retro active change.)
 


cbg

I'm a Northern Girl
They are not required to accept the notice. They did tell you; they told you not to call on customers during that time. They have no obligation to pay you for time you did not work. Every time you leave a job it's a termination; the only question is whether it was a voluntary or an involuntary termination. You can apply for UI, only the state can say for certain if you will qualify.
 

rogerkhunter

Junior Member
Additional info:
This is a very large (Fortune 500) company. I verbally spoke with the Director of HR who told me that typically when someone in my position gives notice they are paid the salary for the two week time period even though they are ask not to have contact with clients. There are reports that have to be filed, and other duties that have to be performed to finalize the "Termination".
Does his verbal communication with me constitute any contract?:confused:
 

justalayman

Senior Member
rogerkhunter said:
Additional info:
This is a very large (Fortune 500) company. I verbally spoke with the Director of HR who told me that typically when someone in my position gives notice they are paid the salary for the two week time period even though they are ask not to have contact with clients. There are reports that have to be filed, and other duties that have to be performed to finalize the "Termination".
Does his verbal communication with me constitute any contract?:confused:
So were you filing reports and performing other duties that were needed to finalize your termination during the last two weeks?
 

cbg

I'm a Northern Girl
Doubtful but possible.

How much are you willing to spend on attorney's fees trying to find out? I'm bettting you'd have to pay out more than you gained, even if you won.
 

rogerkhunter

Junior Member
Yes, Completed these task, and even spoke with customers who called my office during those two weeks. I answered basic questions then directed them to the corporate office for further assistance. In every case, including my discussion with the HR Director, my last date of employment discussed was Feb 24.

What about the commission structure change "After the fact"? Can they do that?

You are right, We are only talking about a few thousand dollars...<$5K.
There is also an arbitration process that I will likely have to go thru.
I am at this time only seeking advice so I know how deep I should "Dig my heels in" on these issues.
Thanks for any feedback!:)
 

cbg

I'm a Northern Girl
Now that changes things. If you were doing company business, which was not clear in your initial post, you do have to be paid for it. I can't say about the commission schedule; commissions don't fall under wage and hour law in most states so it will mostly depend on your commission agreement.

We are no longer talking about whether there is or is not a contract to pay you for those two weeks. With this new info, you MUST be paid for these two weeks. But rather than spending money on an attorney, you can contact the state DOL who will handle the matter for you for free. This did not appear to be an option earlier as it did not initally seem the time was owed to you. But that would be my advice now.
 

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