Son getting screwed by former employer | TigerDroppings.com
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Keltic Tiger
LSU Fan
Baton Rouge
Member since Dec 2006
5574 posts

Son getting screwed by former employer

My son just changed jobs & his former employer owes him over $2,100 in commission & expense money. He gave 2 wks notice & returned the company laptop timely. Immediate boss seemingly understood that it was for a better job opportunity & wished him well. O-T attys: any practical advice? He did not have an employment contract specifying payments & I have been told that mite be an issue, but I have never had such a contract & I worked for various companies for over 40 yrs.


wildtigercat93
LSU Fan
Hammond, LA
Member since Jul 2011
51265 posts

re: Son getting screwed by former employer


Titus Pullo
Alabama Fan
5100 miles SE of Dutch Harbor, AK
Member since Feb 2011
15815 posts

re: Son getting screwed by former employer
Need some muscle to go have a little "talk" with his former employer?


OldSouth
LSU Fan
Folsom, LA
Member since Oct 2011
8357 posts

re: Son getting screwed by former employer
Do you know for sure they're not going to pay him?


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b-rab2
LSU Fan
Lafayette
Member since Dec 2005
10332 posts

re: Son getting screwed by former employer
Make him an offer he can't refuse


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LoyalTiger
LSU Fan
Member since Feb 2007
1372 posts

re: Son getting screwed by former employer
Whether he had an employee contract or not, his previous employer should pay any expenses and commissions incured while he was an employee...PERIOD! As long as payment of said commissions and expenses were normally reimbursed/paid while he was employed.
This post was edited on 1/28 at 9:31 am


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Motorboat
LSU Fan
At the camp
Member since Oct 2007
12979 posts

re: Son getting screwed by former employer
By the time he collects $2100, it will not be worth his while. There will be arguments over when his commission was due vs. the firing date and with no contract, the case is up in the air.

Tell your son to walk away and concentrate on his next job. You should also consult with an attorney as I don't know all the facts and to satisfy Barrister.


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crimsonsaint
New Orleans Saints Fan
Member since Nov 2009
33302 posts

re: Son getting screwed by former employer


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speckledtrout
Alabama Fan
Birmingham, AL
Member since Apr 2011
1853 posts

re: Son getting screwed by former employer
Expenses are owed by the company. Good luck getting the commission.


Broke
LSU Fan
AKA Buttercup
Member since Sep 2006
58479 posts

re: Son getting screwed by former employer
It costs like $100 to file a small claim. I would do that. If he loses, move on.


Auburntiger
Auburn Fan
Denham Springs
Member since Mar 2005
9812 posts

re: Son getting screwed by former employer
quote:

Expenses are owed by the company. Good luck getting the commission.


I agree….every company I have worked for that pays commission states that you must be employed by the company when commission is paid…I would not count on getting the commission, but expenses on the other hand should be paid IMO


rmc
LSU Fan
Zachary, LA
Member since Sep 2004
22727 posts

re: Son getting screwed by former employer
I would tell him to find a labor law attorney. Not paying wages in Louisiana can result in treble damages, attorneys fees and costs.


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Will Cover
Miami (FL) Fan
Jensen Beach, FL
Member since Mar 2007
25956 posts
Online

re: Son getting screwed by former employer
quote:

He gave 2 wks notice


Not necessary. Companies can terminate as they choose in state of Louisiana, so an employee can leave anytime they want.

quote:

He did not have an employment contract specifying payments & I have been told that mite be an issue, but I have never had such a contract & I worked for various companies for over 40 yrs.


My company states that in order for me to receive my bonus, I have to be employed the date it is paid.

They also pay quarterly, which I believe benefits them as well (not having to pay out). However, I am a smart cookie - I'll know when to "shut it down" and know how to do just enough to get by until bonus payday.


CajunAlum Tiger Fan
LSU Fan
The Great State of Louisiana
Member since Jan 2008
3698 posts

re: Son getting screwed by former employer
He should have at least sent in his expense report before resigning. Are they really screwing him, or is it just taking a little time to sort out. Most legit companies don't bother trying to "screw" someone over $2K, it's not worth it.


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Hammertime
UNO Fan
apples
Member since Jan 2012
19705 posts

re: Son getting screwed by former employer
quote:

It costs like $250 to file a small claim.
I would just forget it. I had am old boss owe me around the same amount in commission when I left and went back to school. Told him a month in advance and he was still shocked when I said it was my 2nd to last day.

Took him to court and he just said I never made the sales that I did. I didn't have receipts our any way to prove it and he just said I was a junior salesman who didn't make commission.

Small claims is a major PITA. I have done it, and the process to get someone to pay you requires you to fill out paperwork 4 different times even before you get paid. If they don't want to pay you after a loss, it takes more money and more paperwork.

I sued someone for $1200. After all was said and done, it took a year to start getting paid and his cost ended up being like $1500 after everything


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Captain Ron
Hawaii Fan
Location: Ted's
Member since Dec 2012
3841 posts

re: Son getting screwed by former employer
quote:

My company states that in order for me to receive my bonus, I have to be employed the date it is paid.


The same for my previous company. I left for more $ and missed out on a ~$1200 profit sharing check. However, they money I made at my new job more than offset that bonus and I didn't have to deal with their BS for another month.


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Vol Fan in the Bayou
Tennessee Fan
Member since Nov 2009
4155 posts

re: Son getting screwed by former employer
I wish there was an easy solution. My guess is that the company is pissed and dragging their feet on purpose.

I would have your son meet with the owner, or person in-charge, and see if something can get worked out. If not then, have an attorney friend put a letter on his letterhead and see if that breaks any money free.

If none of that works use it as a life lesson. Never leave a job where the owner owes you money. They will frick you every time.


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Kracka
North Carolina Fan
Broussard
Member since Aug 2004
29829 posts

re: Son getting screwed by former employer
What is their argument for not paying him his money?


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JAB528
LSU Fan
The Mexican Ocean
Member since Jun 2012
15075 posts

re: Son getting screwed by former employer
Good luck gettin that unless he has documentation.


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Blaquebuete
Kentucky Fan
Kentucky
Member since Sep 2011
818 posts

re: Son getting screwed by former employer
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




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