My question involves labor and employment law for the state of: UT - though the employer is based out of FL
My friend is in sales and is employed (not contracted) by a company and is paid both a base rate and a commission.
She was pulling double duty and covering sales for two territories while her employer was looking to hire a new individual. As a result of the extra work, her manager agreed, in an email with the compensation team CC'd, to pay 1:1 commissions for the extra territory without needing to carry that territory's quota. All of the potential sales in that area were spelled out.
Now that the quarter is over and it's time to be paid, the manager is saying they can't pay what was agreed because it exceeds the company's compensation fund (or some such language). The manager is now saying that my friend needs to carry the quota for an entire region, and this significantly changes the payout.
The amount that my friend loses is over 77K.
Not sure where to start to rectify this. Already put in a call to the local DOL (left a message). Should she contact her employer's HR or go straight to a lawyer for breach of contract or what? Obviously the manager knows what was agreed to and doesn't care.
My friend is in sales and is employed (not contracted) by a company and is paid both a base rate and a commission.
She was pulling double duty and covering sales for two territories while her employer was looking to hire a new individual. As a result of the extra work, her manager agreed, in an email with the compensation team CC'd, to pay 1:1 commissions for the extra territory without needing to carry that territory's quota. All of the potential sales in that area were spelled out.
Now that the quarter is over and it's time to be paid, the manager is saying they can't pay what was agreed because it exceeds the company's compensation fund (or some such language). The manager is now saying that my friend needs to carry the quota for an entire region, and this significantly changes the payout.
The amount that my friend loses is over 77K.
Not sure where to start to rectify this. Already put in a call to the local DOL (left a message). Should she contact her employer's HR or go straight to a lawyer for breach of contract or what? Obviously the manager knows what was agreed to and doesn't care.
Compensation and Overtime: Refusing to Pay Commissions As Agreed in Email
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