Life Advice needed

[CrazyCawi]

Okay so as some of you may know I worked for a Car dealership called Park Chrysler Jeep. I developed their aftermarket department. After months of struggle with a few employee's whom had an issue with my department because it affected their pocket books, the department was terminated. I was brought their by their "dealer management staff" whom hires on people to get the job done. This Company is Vision Marketing, they basically advise the dealer on poeple to hire, and they sell their warranty products to the dealer in which they sell to the customer like extended service contacts, ect. Well Tony owns that company, and him and I worked very well together. Now when they terminated that position he brought me to another dealership as I was pretty successful.

Long story short, I sold a product for them, a paint protection product. The product had a spiff built in so every time I sold one I received $25. For each month doing it, I wouldn't receive that money until it was "remitted" which takes two months. So while working there I earned quite a bit through this, upwards of about $850-$1000 just in the spiffs. Well I got paid one, and that was for my first week there, only $25. I had been given an amazing opportunity to go to a different store and work for them as a Finance Manager. I have now been dealing with trying to get my spiff money since June 14th with no luck and they kept giving me excuses. Now Tony just sent me a text saying "I have not sent the money. Obviously it is not a priority, the more you pester me the more I do not want to send it."

I have no Idea what to do. I earned this money working with them. I have the sales logs of all the products sold. I have the texts from my rep old rep telling me to f*** off its not his problem, and tony blowing it off as well.

I am at a loss, do I threaten to sue, who do I contact? Am I barking up the wrong tree? I just want the money I earned for doing my job. I didnt get fired or anything, I did my job and sold the product.

 

[CrazyCawi]

he just sent me another text saying "I had to clean up the mess at park jeep and I got you the job at mccarthy, on second thought Im not paying you the commissions at all. were done here josh."

Well the "mess" at park chrysler jeep was because my position was terminated on one of the busiest weeks I had, and they terminated all of my network connections which eliminated my digital calender. So yeah they would have a scheduling mess, I told them they would. How does this bare ANY right to keep my wages earned.

what the f***

 

[leprecaun jon]

i dont know what your states laws are on workers rights but if you worked and or sold the product and rightfully earned the money they have no right whats so ever to with hold your money.....but then again at lowes if you leave and you dont claim your 4O1k within 90 days of leaving they can claim it... but like i said some of the workers rights and workers rights laws very state to state.

 

[Fizzer6R]

was the bonus just verbal, or was there any sort of contract in writing?

might be hard to prove. although they had to keep track of it some how right - so you'd have to say in the month of x you sold x and should've been paid $500. and only got $250., or nothing for whatever timeframe.

i recall the spiffs at my dealership were all under the table. they said you were suppose to claim em, but of course no one did. come in on a sat. work half a day, do a hat-trick (sell 3 autos) and manager would flip you an extra $100.(or more depending on the goals) cash right on the spot. instant weekend partying, err spending money. good times

 

[CrazyCawi]

No this was verbal but its written and tracked, I still have the logs from those months worked. It has it recorded.

This wasnt cash, it was in a check form. Takes were set up to be paid on wages earned so its all official. Plus all the texts back and fourth(I did texts so I could keep record)

 

[Scott_Thomas]

Sorry to hear about your situation. I've never had anything close to that happen so I'm not sure what I'd do. If your still working for the same place I'd start looking for a new job. Then I'd go after lost wages. What a bunch of a$$holes! Keep this thread updated. I'm curious to see how this pans out.

 

[CrazyCawi]

Sorry to hear about your situation. I've never had anything close to that happen so I'm not sure what I'd do. If your still working for the same place I'd start looking for a new job. Then I'd go after lost wages. What a bunch of a$$holes! Keep this thread updated. I'm curious to see how this pans out.

I work for a completely different corporation, with a corporate atmosphere. So far this is the only occurance I have ever heard of something like this ever happening to anyone that I personally know. Im sick to my stomach about it.

 

[CrazyCawi]

This is the MN law reguarding it, but IDK what I can hold them accountable for, I suppose Ill call in tomorrow and hopefully start a case. From what I interpret they are infringing the employee's rights and stealing money from them.

181.145 PROMPT PAYMENT OF COMMISSIONS TO COMMISSION SALESPEOPLE.

Subdivision 1.Definitions. For the purposes of this section, "commission salesperson" means a person who is paid on the basis of commissions for sales and who is not covered by sections 181.13 and 181.14 because the person is an independent contractor. For the purposes of this section, the phrase "commissions earned through the last day of employment" means commissions due for services or merchandise which have actually been delivered to and accepted by the customer by the final day of the salesperson's employment.
Subd. 2.Prompt payment required. (a) When any person, firm, company, association, or corporation employing a commission salesperson in this state terminates the salesperson, or when the salesperson resigns that position, the employer shall promptly pay the salesperson, at the usual place of payment, commissions earned through the last day of employment or be liable to the salesperson for the penalty provided under subdivision 3 in addition to any earned commissions unless the employee requests that the commissions be sent to the employee through the mails. If, in accordance with a request by the employee, the employee's commissions are sent to the employee through the mail, the commissions shall be deemed to have been paid as of the date of their postmark for the purposes of this section.
(b) If the employer terminates the salesperson or if the salesperson resigns giving at least five days' written notice, the employer shall pay the salesperson's commissions earned through the last day of employment on demand no later than three working days after the salesperson's last day of work.

(c) If the salesperson resigns without giving at least five days' written notice, the employer shall pay the salesperson's commissions earned through the last day of employment on demand no later than six working days after the salesperson's last day of work.

(d) Notwithstanding the provisions of paragraphs (b) and (c), if the terminated or resigning salesperson was, during employment, entrusted with the collection, disbursement, or handling of money or property, the employer has ten working days after the termination of employment to audit and adjust the accounts of the salesperson before the salesperson can demand commissions earned through the last day of employment. In such cases, the penalty provided in subdivision 3 shall apply only from the date of demand made after the expiration of the ten working day audit period.

Subd. 3.Penalty for nonprompt payment. If the employer fails to pay the salesperson commissions earned through the last day of employment on demand within the applicable period as provided under subdivision 2, the employer shall be liable to the salesperson, in addition to earned commissions, for a penalty for each day, not exceeding 15 days, which the employer is late in making full payment or satisfactory settlement to the salesperson for the commissions earned through the last day of employment. The daily penalty shall be in an amount equal to 1/15 of the salesperson's commissions earned through the last day of employment which are still unpaid at the time that the penalty will be assessed.
Subd. 4.Amount of commission disputed. (a) When there is a dispute concerning the amount of the salesperson's commissions earned through the last day of employment or whether the employer has properly audited and adjusted the salesperson's account, the penalty provided in subdivision 3 shall not apply if the employer pays the amount it in good faith believes is owed the salesperson for commissions earned through the last day of employment within the applicable period as provided under subdivision 2; except that, if the dispute is later adjudicated and it is determined that the salesperson's commissions earned through the last day of employment were greater than the amount paid by the employer, the penalty provided in subdivision 3 shall apply.
(b) If a dispute under this subdivision is later adjudicated and it is determined that the salesperson was not promptly paid commissions earned through the last day of employment as provided under subdivision 2, the employer shall pay reasonable attorney's fees incurred by the salesperson.

Subd. 5.Commissions earned after last day of employment. Nothing in this section shall be construed to impair a commission salesperson from collecting commissions on merchandise ordered prior to the last day of employment but delivered and accepted after termination of employment. However, the penalties prescribed in subdivision 3 apply only with respect to the payment of commissions earned through the last day of employment.

 

[FitZ6R]

Long story short, I sold a product for them, a paint protection product.

Was this a legit product or one of those $300 spray-wax deals?

 

[MichaelInVenice]

Was this a legit product or one of those $300 spray-wax deals?

I had that same reaction, but the reality is it doesn't matter and that detracts from the discussion of the issue. He sold stuff, he should get paid the agreed-upon commission. Whether it was wise for the customer to buy it, and whether it was a good deal is not really the point of discussion here.

 

[oldtouring b]

The big picture

By the time you hire a lawyer and pay his fee, you will loose money.

Dive into your new job and never look back.

Consider it a lesson--Get it in writing next time.

 

[CrazyCawi]

Was this a legit product or one of those $300 spray-wax deals?

Legit product. Irked pretty good in the short experience I had with it

 

[CrazyCawi]

I told him in response that he may not face his wrong doing tomorrow, or the next day but eventually it will catch up to his poor soul.

He responsed in threat to me saying "Good luck Josh, remember how many people I know in this auto industry."

 

[BKP]

If there's nothing in writing indicating you get the spif *every* time there's a sale, you've got nothing.

If you *do* have anything to that effect, your claim falls within the purview of Small Claims Court (Conciliation Court). Here in Georgia, it's typically $25 to file, much simpler than a conventional suit, and it's run like an arbitration. Neither party can use a lawyer (which is a good thing), unless it's appealed and goes to District Court (which won't happen on a $1000 claim).

Here's a link to the equivalent in your state. Read the FAQ. Good luck CC.

Conciliation Court

P.S. I've been through this process (and others, in court), and it's winnable. Boils down to what's document-able, and can be produced for the judge or magistrate. They don't waste time -- they just want to see the hard evidence to see that you've got a foundation. "He said, she said" doesn't fly...

 

[CrazyCawi]

how about his texts accounting for saying he owes it to me but is choosing not to pay?
along with accounts from his subordinates in text saying the same things and saying they choose not to pay.....that should constitute right?

 

[MichaelInVenice]

I told him in response that he may not face his wrong doing tomorrow, or the next day but eventually it will catch up to his poor soul.

He responsed in threat to me saying "Good luck Josh, remember how many people I know in this auto industry."

And that's what he's got hanging over you.

It's "you chose to go to work for somebody else, so I'll screw you, live with it or I will try to screw you for the rest of your life."

You're in a small, cozy business, in a small metro area where everybody knows everybody and I suspect they all play these BS games. Make waves and you might have to find a new business.

Sadly, I've seen it elsewhere. A friend sold cars briefly in a smaller metro area. But he was only doing it between other jobs with no intention of going back, so once he was settled in the new job he filed a complaint with the state labor board and eventually settled for what they owed him plus his costs, rather than them getting hit with the various fines that would be due. He did later have to explain why he had been involved in a legal complaint against an employer, as it showed up in a background check, but pretty much all he had to so was say "they were a car dealer, they treated me like they treat everybody" and the hiring manger he was with was ready to congratulate him for sticking it to them...

Unfortunately, unless you work for one of the bigger corporate dealerships that has a professional HR department and lawyers to tell them all the reasons one lawsuit could cost them more than whatever they saved on the last 200 guys they screwed over, you are in a pretty lousy business. Unfortunately, it's mostly protected by state laws that make it all but impossible for the bad ones to be wiped out.

 

[MichaelInVenice]

how about his texts accounting for saying he owes it to me but is choosing not to pay?
along with accounts from his subordinates in text saying the same things and saying they choose not to pay.....that should constitute right?

You could definitely prove it.

But as I said, you'd be burning a lot of bridges in the business, at least in your area. If you were planning on switching to something else after this next job, I'd say go for it, but there is a potential downside.

 

[BKP]

Texts and e-mails can constitute proof.

However, what MichaelInVenice says is true.
Personally, threats like that tend to incent me to shove it in his face, and push the issue even harder...

...but, that's me...

 

[CrazyCawi]

I want him to burn at the stake for how he is trying to hold his company and money as superior to the law and what is right. Sadly no one pushes and usually steps aside. As it stands, a lawyer will be being contacted tomorrow. Along with the HR department at my current work to inform of the issue at hand so they understand the issue upfront.

 

[MichaelInVenice]

I want him to burn at the stake for how he is trying to hold his company and money as superior to the law and what is right. Sadly no one pushes and usually steps aside. As it stands, a lawyer will be being contacted tomorrow. Along with the HR department at my current work to inform of the issue at hand so they understand the issue upfront.

Don't involve your current work. They only need to be involved if you're doing something that they may get dragged in to. If you're going to talk to a lawyer, get his advice first.