final commission check

[cms36]

Laid off end of Oct '01 from employer based in WA, with local office here in Ohio. They asked several of us to stay through the end of the year and told us they would pay us for any sales through Nov and Dec according to the current plan. Final commission checks for months of Nov and Dec were to be held until 3/31/02 to account for adjustments, returns, etc.
When I (and several other ex-employees) received commission check today it was significantly lower than what was actually closed for those two months. I asked to get a copy of my closed sales report used to calculate commissions (which was available to me previously) and was told it was "Company policy not to provide that information to people who are no longer with the Company".

I have documentation, copies of all my orders, Sales forecasts, etc. and strongly suspect I am not being paid accurately.

Is there any recourse to get a copy of the closed sales report used to calculate my commissions on Nov and Dec orders?
More importantly if I can get the report and it is missing Sales orders I closed for those two month how can I re-coop the money?


Thanks~
cms36

 

[Beth3]

cms - contact your State's Department of Labor/wage and hour division. Most States consider sales commissions as wages, so hopefully they will be able to help you out.

Absent a subpoena, you can't compel your employer to provide you copies of any company records (except possibly your personnel file and any medical records, depending upon your State's laws) but the DOL may be able to obtain these documents and/or have the employer justify the commission paid to you.

Good luck.

 

[cms36]

Thanks Beth.
I will start with the Ohio DOL.

We're talking between $ 5,000 to $10,000 discrepancy in commissions owed, so it's definitely worth me looking into.

CMS