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How can I get my commission back?

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llllnnnnllll

Junior Member
Hi Guys, I would need some advise about a commission dispute with my previous employer.

I live in Maryland, and so does the company.

I started in the company with a technical role, and then changed to inside sales (earning both base salary and commission). For the commission, I got paid quarterly, after the company receives the payments for the sales I conducted. I left the company about 3 months ago, while there were still some unpaid orders. Before I left the CEO agreed to pay me after the payments for those orders are received. But now I tried to email and call the CEO to get paid, he never responded. Now I'm thinking about filing a lawsuit, and need some advises:

1. Because the job change was based on an oral agreement with the boss, there was no written contract or offer letter stating the commission or the percentage. But I have the email records and payment histories showing that I got the commissions in the past, and can prove the agreed percentage by the old sales order lists. Will this be enough to prove my claim?

2. If I hire an attorney to help me with the case, will I need to pay the legal fees out of my pocket (deducted from my final payment)? Or can I ask the employer to pay for this, because this is their fault? A local lawyer told me the employer will not be obligated to pay me anything more than what they owe me, so I have to pay 1/3 of the payment as the legal fee. This sounds unfair to me because this means the company can then always do this and hurt the quitting employees. Am I right or wrong?

Thank you!!!
 


quincy

Senior Member
Hi Guys, I would need some advise about a commission dispute with my previous employer.

I live in Maryland, and so does the company.

I started in the company with a technical role, and then changed to inside sales (earning both base salary and commission). For the commission, I got paid quarterly, after the company receives the payments for the sales I conducted. I left the company about 3 months ago, while there were still some unpaid orders. Before I left the CEO agreed to pay me after the payments for those orders are received. But now I tried to email and call the CEO to get paid, he never responded. Now I'm thinking about filing a lawsuit, and need some advises:

1. Because the job change was based on an oral agreement with the boss, there was no written contract or offer letter stating the commission or the percentage. But I have the email records and payment histories showing that I got the commissions in the past, and can prove the agreed percentage by the old sales order lists. Will this be enough to prove my claim?

2. If I hire an attorney to help me with the case, will I need to pay the legal fees out of my pocket (deducted from my final payment)? Or can I ask the employer to pay for this, because this is their fault? A local lawyer told me the employer will not be obligated to pay me anything more than what they owe me, so I have to pay 1/3 of the payment as the legal fee. This sounds unfair to me because this means the company can then always do this and hurt the quitting employees. Am I right or wrong?

Thank you!!!
Your employer will not have to pay for your attorney.

You will have a difficult time collecting commissions on invoices paid after your departure.
 

llllnnnnllll

Junior Member
Your employer will not have to pay for your attorney.

You will have a difficult time collecting commissions on invoices paid after your departure.
Then I can file the lawsuit myself and provide the evidences (emails, invoice lists, etc.), right? In this case I will just need to pay for the court fees?

Isn't that a common practice that the commissions are paid once the payment for the invoices are received? If so, employers can simply refuse to pay anything after the sales person's departure? Can they simply say that they didn't receive the payment for any of the invoices?
 

quincy

Senior Member
Then I can file the lawsuit myself and provide the evidences (emails, invoice lists, etc.), right? In this case I will just need to pay for the court fees?

Isn't that a common practice that the commissions are paid once the payment for the invoices are received? If so, employers can simply refuse to pay anything after the sales person's departure? Can they simply say that they didn't receive the payment for any of the invoices?
Lack of contract and lack of evidence showing invoices were paid can both be stumbling blocks in a lawsuit.

How much money do you figure you are owed?
 

llllnnnnllll

Junior Member
Lack of contract and lack of evidence showing invoices were paid can both be stumbling blocks in a lawsuit.

How much money do you figure you are owed?
The total commission should be about $12K.

In lieu of contract, can I provide the emails (the CEO sent to me before my departure) showing that the CEO agreed to pay the commissions once the invoices are paid?

If the employer says none of the invoices were paid, there's no way for me to argue or claim (not even through a 3rd party)?
 

PayrollHRGuy

Senior Member
The total commission should be about $12K.

In lieu of contract, can I provide the emails (the CEO sent to me before my departure) showing that the CEO agreed to pay the commissions once the invoices are paid?

If the employer says none of the invoices were paid, there's no way for me to argue or claim (not even through a 3rd party)?
You can certainly try to use emails that doesn't mean a judge will except them.

I would file a wage claim first. https://www.dllr.state.md.us/labor/wagepay/wpwageissues.shtml#fileclaim There is no cost to do this and anything other than small claims court is going to eat into the amount owed to you and small claims in Md has a maximum of $5000.00
 

HRZ

Senior Member
I would also suggest you file a wage claim ...read the relevant Md material ...it seems to cover and protect your situation
 

HRZ

Senior Member
AN oral deal with many elements performed and a record of terms past and present may well form the elements of a contract ....I'd not use the words." No " contract
 

llllnnnnllll

Junior Member
AN oral deal with many elements performed and a record of terms past and present may well form the elements of a contract ....I'd not use the words." No " contract
Thank you!

Also, can I file the wage claim myself? Or do I need a lawyer to do this for me? And, can I ask for double or triple the damage, because apparently, and sadly, it costs me lots of time and energy...
 

HRZ

Senior Member
MD does provide a window to seek 3 X wages due as damages plus attorney fees IF you prevail that it was willful not paid...but I suggest you pay more attention to building your points ..e.g. It's not even clear if you sent a clear demand letter for specific sums due ...not my area of expertise...but close does not count except in horseshoes ...
 

llllnnnnllll

Junior Member
Is the wage claim the samw as a lawsuit? Can I ask for double pay for damage?

Also, how can I verify the paid and unpaid invoices? Is this possible at all?
 

PayrollHRGuy

Senior Member
No it isn't the same as a lawsuit. It is asking the state agency to help you get paid what is owed to you.

Maryland seems to have up to 3x damages but the employer can use as a defense even if they do owe the money that there was a "bona fide dispute."

If you explain the specific invoices to the state they will likely be able to request them.

Download the form. Fill it out and send it in. This will not stop you from suing later if you need to.
 

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