| Posted by | Message |
Blaquebuete 
Kentucky Fan
Kentucky
Member since Sep 2011
502 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:03 am to Blaquebuete)
When an employee quits, an employer must pay the employee all wages due by the
regular payday on which the employee would have been paid if employment had continued
or within 15 days, whichever occurs first. Louisiana Stat. 23:631
|
| Back to top | |
Sophandros 
New Orleans Saints Fan
R'Lyeh
Member since Feb 2005
40191 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:04 am to Blaquebuete)
Commissions aren't regular wages.
|
| Back to top | |
NaturalBeam 
LSU Fan
Member since Sep 2007
12302 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:06 am to Blaquebuete)
quote:
When an employee quits, an employer must pay the employee all wages due by the regular payday on which the employee would have been paid if employment had continued or within 15 days, whichever occurs first. Louisiana Stat. 23:631
|
| Back to top | |
Blaquebuete
Kentucky Fan
Kentucky
Member since Sep 2011
502 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:10 am to Sophandros)
quote:
it shall be the duty of the person employing such laborer or other employee to pay the amount then due under the terms of employment
If he was hired in a position that paid commission...fairly certain it would be easy to prove with like positions within the company, job description, etc.
The company must follow GAAP accounting, and will have records of all commissions paid minimum within the past year as well.
|
| Back to top | |
TheOcean 
Florida State Fan
Tampa Bay, FL
Member since Aug 2004
23139 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:11 am to Sophandros)
quote:
Commissions aren't regular wages.
Right. But, I'm guessing that it's an implied contract based on previous relationship. His son would just have to prove that he earned the commission before termination (not a lawyer).
|
| Back to top | |
NaturalBeam
LSU Fan
Member since Sep 2007
12302 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:17 am to Blaquebuete)
quote:
If he was hired in a position that paid commission...fairly certain it would be easy to prove with like positions within the company, job description, etc.
right, but "then due" doesn't mean "owed" - if it is company policy to pay out commission every ____ months, then the money isn't "then due" until that payout date - not a retroactive date for when the commission was earned.
|
| Back to top | |
CtotheVrzrbck 
Oklahoma State Fan
Tulsey Town
Member since Dec 2007
14521 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:20 am to Keltic Tiger)
Small claims court. I've had to do it 3 out of the last 4 years, and might be doing it again this spring.
|
| Back to top | |
theBeard
LSU Fan
the bullpen
Member since Jul 2011
512 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:23 am to NaturalBeam)
Had a former employer that some very tiny fine print in a employee manuel that stated if you resigned you forfeit any commishions and bonuses not collected even if project or sale complete. Might want to look into the fine print. A buddy was denied $9,200 becaus of this.
|
| Back to top | |
TheOcean
Florida State Fan
Tampa Bay, FL
Member since Aug 2004
23139 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:25 am to Keltic Tiger)
Also, if your son is going to need this employer for a reference in the future, it would be wise not to burn the bridge over $2,100.
|
| Back to top | |
hendrixfan
LSU Fan
Shady Brook slough
Member since Jul 2005
3114 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:29 am to TheOcean)
call the Labor Board
|
| Back to top | |
meauxjeaux2
Boise State Fan
watson
Member since Oct 2007
38020 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:32 am to Keltic Tiger)
quote:
I have been told that mite be an issue
I hear they can be issues.
_Lorryia_formosa_2_edit.jpg)
This post was edited on 1/28 at 10:33 am
|
| Back to top | |
foshizzle
LSU Fan
Member since Mar 2008
25066 posts
 Online
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:35 am to Keltic Tiger)
We need more detail. He filed an expense report and they specifically told him he isn't getting reimbursed? What reason did they give?
|
| Back to top | |
TheOcean
Florida State Fan
Tampa Bay, FL
Member since Aug 2004
23139 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:43 am to theBeard)
quote:
Had a former employer that some very tiny fine print in a employee manuel that stated if you resigned you forfeit any commishions and bonuses not collected even if project or sale complete
Sounds like your buddy should have looked into taking some legal action.
|
| Back to top | |
SUB
LSU Fan
Member since Jan 2009
2292 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 10:50 am to Blaquebuete)
Is there something wrong with calling the former employer's HR dept and requesting payment of expenses and commission? It shouldn't really be all that difficult.
|
| Back to top | |
Keltic Tiger
LSU Fan
Baton Rouge
Member since Dec 2006
3148 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 1:36 pm to foshizzle)
He earned the commission back in late Nov. when he had no intention to find another job & was a normal, full time employee. They put him off then by claiming an accounting error.Come late Dec. they blamed the holidays & numerous accounting dept employees being out on vacation. When he did give 2 wks notice the second wk in Jan, his immediate boss told him to just keep working & they would take care of him in regards to all monies owed. My son sent him a specific email immediately after the conversation, confirming the conversation & what exactly was owed him. He got nothing back. Since then, he's gotten amounts owed him in a trickle of payments, none of which was for the Nov. earned commission or Dec. travel expenses.He's good on all his wages, but he's had no response to his questions bout the rest of what he's owed. He's never been told directly that he won't be paid, they just keep ignoring him once they got the laptop back. He has all the documentation re the commission he earned & has copies of all his expense receipts. Am what I am hearing is that filing a small claims complaint is the only answer? Is the fact that it is an out of state employer a problem...I can see it would be, presumabley. I have access to an atty who would be willing to write a nasty letter on his firm's letterhead, but I don't want to waste his time if this is just going to be a bunch of BS.
|
| Back to top | |
MakeMoney 
Maryland Fan
Guck Foodell
Member since Aug 2008
1722 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 1:59 pm to Keltic Tiger)
Better Call SAL!!!!
|
| Back to top | |
TexasTiger1185
LSU Fan
New Orleans
Member since Sep 2011
5859 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 2:03 pm to Keltic Tiger)
File with EEOC or LWC. Employers in LA have to pay terminated employees within 15 days or on the next payday, whichever comes sooner. If it has been longer than that serve 'em up.
|
| Back to top | |
TigersRuleTheEarth 
LA-Lafayette Fan
Laffy
Member since Jan 2007
26705 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 2:05 pm to Will Cover)
quote:
Will Cover
DOn't I owe you a T-shirt?
|
| Back to top | |
TexasTiger1185
LSU Fan
New Orleans
Member since Sep 2011
5859 posts
| re: Son getting screwed by former employer (Posted on 1/28/13 at 2:11 pm to TheOcean)
quote:
Also, if your son is going to need this employer for a reference in the future, it would be wise not to burn the bridge over $2,100.
$2100 is a lot of money to me. On top of that is the principle, I would fight them for it. Who's to say they would give him a good reference? They have proven to be pretty low life company by not giving him his earned income.
2100 to company < 2100 to individual
How much money did the company make off of the deals that got him 2100 in commission?
|
| Back to top | |
foshizzle
LSU Fan
Member since Mar 2008
25066 posts
Online
| re: Son getting screwed by former employer (Posted on 1/28/13 at 3:14 pm to Keltic Tiger)
quote:
He earned the commission back in late Nov. when etc.
He should write to HR (cc'ing the old boss) specifically asking them when the November commission will be paid and by what date. If they say they won't do it then get a specific reason why not (they may actually be on legal ground after all, for example its possible the old boss didn't have authority to make the promises he made).
Once he has answers to those questions then he can consider what to do.
If they never respond then follow up again and ask for a response of some sort within another 2-3 weeks. If they still don't respond write a third time stating he will consider his legal options if a response is not received within a month.
But he has to be very specific about by what date a response is expected (a couple of weeks is probably enough) and also about exactly what info he needs. Otherwise he could very well be ignored.
|
| Back to top | |
