Commission payments after i left the company

[habbers]

Hi,

 

I was employed for four months by a company, i was on a basic salary plus commission.

 

I was sacked apparently due to poor performance (or my face not fitting) on the 22nd September 2009 having just completed my 3 month probation with flying colours. They are refusing to pay the comission for appointments I set whilst employed and for sales 21/08/2009-21/09/2009 as the conformation of the sales happened after i left due to a verifcation process by the company that takes some 2 weeks.

 

Is this legal or right

[Guest wino]

Hi habbers and welcome to cag:)

 

If you had a contract with them stating plus comission then yes you are entitled to it. Did you have a contract?

[teaboy2]

Hi,

 

I was employed for four months by a company, i was on a basic salary plus commission.

 

I was sacked apparently due to poor performance (or my face not fitting) on the 22nd September 2009 having just completed my 3 month probation with flying colours. They are refusing to pay the comission for appointments I set whilst employed and for sales 21/08/2009-21/09/2009 as the conformation of the sales happened after i left due to a verifcation process by the company that takes some 2 weeks.

 

Is this legal or right

 

hard to say without seeing your contract. but basically if the terms were that youd be paid commisions for the previous months sale a month in arrears (end of current working month) then yes they will have to pay if the sale was agreed prior to you leaving (i.e between u and the customer). but u need to check your contract and see what it says in it.

 

infact i pay my employees commision 2 month in arrears on all sales this allows 30days for customers to pay in which commisions are paid from such customer payments at the end of the 2nd month (60 days in total) this in there contracts too. and if i were to dismiss an employee, which so far never had do or if one was to leave, id still be legally required to pay them commission on sales they had made 2 months after they left or before if agreed advance to them leaving.

Edited October 19, 2009 by teaboy2

[habbers]

Hi habbers and welcome to cag:)

 

If you had a contract with them stating plus comission then yes you are entitled to it. Did you have a contract?

 

Hi and thanks for the response,

 

My contract states "The company operates a commission scheme, which is applicable to your employment."

 

Does this count?

[teaboy2]

well to be honest its not very specific and could be interpetated as commission paid as part of the work you have done (i.e sales) or it can be implied that commissions are only paid whilst still in employment.

 

Does it mention anything else in company policy book or hand book you should have received with your contract, about how commission is paid?

[BeauBrummie]

Hi and thanks for the response,

 

My contract states "The company operates a commission scheme, which is applicable to your employment."

 

Does this count?

 

Rather an ambiguos statement and unclear as to your rights, you could argue your case ------but if it is not worth going to court over is it going to be worth it?

 

Strongly worded letter putting forward your belief that you are due the money would be a good place to start, giving them a 7 day time limit to respond with their reasons why they will not pay you.

 

Beau

Edited October 19, 2009 by BeauBrummie
Spelling !!

[Guest wino]

.

My contract states "The company operates a commission scheme, which is applicable to your employment."

 

.quote]

 

This is vague. You need to have a look at the companies commission

scheme.

[teaboy2]

.

My contract states "The company operates a commission scheme, which is applicable to your employment."

 

.quote]

 

This is vague. You need to have a look at the companies commission

scheme.

 

Exactly the details of such scheme should be part of the company hand book.

[habbers]

Hi all and thanks for the replies.

 

I have put an email request to the operations manager for a copy of the commission details realting to my period of employment and any changes during the period.

 

Next step will then be a strongly worded '7 day' letter.

 

The comission is worth some 400.00, i worked hard for it and i want it!

[teaboy2]

ok let us know what it says when u get it.