Request for standard termination pay

What is the name of your state? TX

2 months ago I was terminated from my job (by letter) without any notice. By the time I received the letter, I had worked 2 full weeks. I am still seeking these last 2 paychecks, an expense report reimbursement, and sales commissions (that were verbally agreed to). I have tried to reach the officers of the company by phone, e-mail, and U.S. mail without success.

6 weeks after termination, I got a letter asking for company equipment to be returned (laptop, printer, cell phone). I have no problem sending these back, but I need to be paid first, right?

This company has a sordid history of sueing everyone and I do not want them to sue me for this equipment. Do I send the stuff back and hope to get some money or hold out? Do I have any rights?

I am owed at least $4000 in standard pay, $1000 in expenses, and $8000 in verbally agreed to commissions...agreed with 3 officers present. Any advice would be greatly appreciated!

1. Contact Texas's Department of Labor and file a complaint on your unpaid WAGES. Texas laws require that final pay for an employee who is fired be issued with in six days. Your employer cannot hold your paycheck hostage for any reason. When you contact the DOL, you should also inquire whether you can also file a claim for your unpaid commissions. That depends on whether TX considers those wages or not.

2. Sounds like you and your employer are at a standstill over the equipment you have and the expenses they owe you. (BTW - reimbursing you for your business expenses is entirely a matter of company policy.) It is no more right for you to refuse to return the company's property than it is for them not to pay you what you are owed.

You have a choice. Either hang onto the equipment and wait to be sued and sue them in return for the expense money or contact them and work out a compromise. No matter what though, that equipment belongs to the company and even if they are acting like a bunch of jerks, you need to return it. This is the kind of thing your mom was talking about when she said "two wrongs don't make a right."

And if they want to be REAL jerks, technically, they could have you arrested for theft of their property.

Take Beth's advice and return their equipment, and contact the TX DOL for the wages. If commissions are not considered wages, then file a suit for the commissions and the expenses, if they don't pony them up soon.

You may also want to have a lawyer draft a nice letter demanding your money. Sometimes just that letter will shake them up...and your lawyer will be smart enough to send it certified or via overnight express. That way, they will be unable to claim the letter was never received. employers like yours are just hoping you'll go away. Showing them you are serious and are not going to just go away may stir them into action.

The wages are no problem - those the DOL will assist you with. However, if the commissions are not considered wages you may have to sue for those. And the expenses are definitely not covered within the law, so they can tell you to pound sand on those and force you into litligation to get that money. The expenses are small enough for small claims court, but $8,000 in commissions is probably too big for SC court (although that varies by state and I am not familiar with TX law in that regard). Only you can decide whether or not $8,000 is worth hiring an attorney over...it may cost you more to litigate than it's worth!

Agree that you should return the equipment regardless of whether they have paid you everything they owe you or not.

It puts you on a moral high ground. You can then tell the DOL, "See, I did EVERYTHING I was supposed to. I gave them their equipment back; I followed all the rules; I gave up my bargaining chips; I was a good doobie. THEY haven't followed the rules. THEY are refusing to pay me what they owe me. THEY are violating the laws."

No one can come back and point to something you should have done that you haven't as justification for their withholding pay.

Thank you for all of the advice - I'm sending back the equipment and letting the DOL do their job. Have a safe and happy holiday season.