To Beth 3

[Al Iglesias]

What is the name of your state? FL

Hi Beth:

The saga continues. I'm sure you remember the problem with our employee who resigned on Monday the 19th. He wanted to withhold our company property awaiting expenses. We sent him a certified letter on Tuesday requesting all company property to be in the vehicle.

Well our Warehouse guy flew to Georgia yesterday and picked up the vehicle and drove it back. In addition, one of our sales reps from another territory came along to witness the pickup and inventory, which costs us money. However our 8 month old Sony Vio, cell phone, some software and tools were not in the vehicle as he stated in his resignation letter "all property owned by Kreussler, Inc. will be secured in the company vehicle". We received his expense report totaling 745.37 on Tuesday and we are scheduled to pay him his final salary/commission on August 30. How should proceed on this?? I know we have to pay the final paycheck. By the way, he also demanded commission from his territory when he was on disability for three months. Is he entitled to that?? Other sales reps had to cover his territory in his absence. He started with us in October of last year and his contract does state he receives 2% commission on sales, but doesn't account for disability. It totals about 600.00. I am composing a letter today to him.
Thanks for your input and I think by the end of today I will need a drink. Al Iglesias Controller Kreussler, Inc. 813-884-1499

 

[Beth3]

Al, I'll join you for that drink.

I expect that under FL reg's, you HAVE to pay him his final commission/paycheck. But I see no reason why you cannot withhold his expense check pending return of the missing property in good repair.

I can't answer whether or not he's entitled to commission while he was on leave. That's a company policy issue. If the commission income was due to sales generated by him before he want on leave, in my opinion he's entitled to it. But not to commissions generated by another rep who filled in for him.

I'd suggest you do a quick one-time consult with a FL employment/business law attorney today just to be sure you're staying on the right side of FL reg's on all this. $150 in legal fees now could save you some problems down the road.

Besides, then you can put in your letter that you have consulted with counsel and if the missing laptop, cell phone, software, etc. are not returned immediately, you will start legal proceedings.

 

[cbg]

In my state, you would have to pay him at least a portion of his commission but Florida law may be different. I suggest you contact the state DOL as to that. Then, once you have that settled, I agree with Beth that at the very least you have an attorney reveiw your letter since it appears you may have to start legal procedings against him to get all of your property back. This guy sounds like a real piece of work.

 

[Beth3]

Or maybe Al could just hire one of those repo men/bounty hunters to bust in on the guy at home and grab up the stuff the company owns. That'd put the fear of God into him - those guys are pretty darn scary.

Okay, okay - at a minimum that would be unlawful entry. Nevermind. But it was a fun thought.