• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

In a huge mess need help!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

bburch

Guest
I live in TX.

I worked for a small company of about 10-12 employees here in TX. I was on salary. About last December I approached my employer and told him that I needed to make more money or I needed to move on to something else. So he told me that he would get with the company CPA and we would be able to work something out. So in January of this year we both sat down and agreed on a salary plus commission based pay scale, where my commissions would be payed out quarterly. It came out to about $2,000 per quarter. Well the first quarter ends and I recieve no commission, so I question him and tell him that I need that money and if he will not or can not pay me to tell me so that I can move on to something else. He assures me that I WILL recieve my money. Second quarter ends and no money for either quarter still!! So I meet with him again and inform him once again that I can no longer live on his empty promises and it was eiter give me the money or I would walk. So he told me that he would have my commission on August 10th, so I told him I would give him until August 17th to come up with the money. August 17th rolls around and guess what? No money!! So I tell him that I am finished, he tells me to meet him and gives me $1000, and obviously he owed me somewhere around $4000. He tells me that I had not lived up to my end of the agreement which is false and that is all the company can afford to pay me. I said that is fine and gave him my two weeks notice. So then I show up to work the next morining and he tells me that he wants to go ahead and let me go, but that since I was going to give him two weeks he was going to pay me through the two weeks. So here I am, wondering what rights do I have here?? Was I technically fired? Is he liable for the promised commission? Is he liable for the two weeks pay? Any advice would be appreciated, Thanks!
 


JETX

Senior Member
"wondering what rights do I have here??"
*** Based on your post, you have no special 'rights', other than the right to look for a new job.

"Was I technically fired?"
*** Nope, you quit. The employer just decided to 'accelerate' your leaving.

"Is he liable for the promised commission?"
*** If you met the quotas set, yes. The problem you will have (unless you have this in writing) is in trying to prove the agreement and compliance in a court (if needed).

"Is he liable for the two weeks pay?"
*** No. The employer is ONLY obligated to pay you for actual hours worked.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top