(Miami, Florida, USA)
I have been employed for 17 months with a company that always makes you wait for your commission money. During this period they write you a check or advise you of money owed to the company?
I received a notice from accounting that I owe over $2,000. Since my first pay check I have asked for a detailed explanation on what clients am I getting paid for and which ones did not finalize the transaction. As a salesperson I need to know and so does everyone who gets paid, mostly if on commission. We want to check if all is OK and not just take bosses words.
I have not been able to sleep soundly with worries about their claim that goes back one year or longer. Their answer is, We Are Working on it.
I went to my immediate boss today and told him its not fair and the $2,000 they claim I owe should be the companies fault for never having the information and are always using the excuse that its coming in the future and we will know the sales we are gettting paid or not by name and account number.
I have to quit because I feel this company is trying to get away with things. I must quit because its making my blood pressure go up and unstable and sleepless nights. Can I get compensated if I quit.
Before you go and do anything, understand that what you have here is a labor law issue and it could become a hard to prove unemployment issue if you don’t talk to a labor law lawyer first.
If this employer is telling you that you owe $2000 for chargebacks they cannot substantiate, you need to take action. Letting things slide only weakens your position.
I do know Florida law says that if you actually have to hire an attorney and you win the case, the employer has to pay for the cost of your attorney too.
You will get a much better answer about your problem by asking an employment attorney. They are familiar with the FLSA (Fair Labor Standards Act) plus Florida and federaral labor laws. If there is more than one of you that would probably be even better … more corroboration as to the practices employed by the employer.
If the cost is what’s keeping you from consulting an attorney, Ask Your Legal Question Now. online and the cost is low (usually $9 – $15).
Or If that doesn’t appeal to you you can search the Florida labor laws.
I’m truly not blowing your question off … I just do not think I’m qualified to answer it except to say that if you quit without any evidence of wrongdoing on the employer’s part…your chances of collecting unemployment are probably doomed.