Need to vent. My job sucks

[searay sport]

So I looked at my check stub this weekend and realized I was screwed out of $2009.16 I called the owner, and first he claimed he did not know what I was talking about, but by the end of the conversation, he said if I liked my job, I just need to deal with it.

He said the company needed the money but what he meant was he needed the money. On top of that I called my supervisor, and he basically told me just deal with it. I dont know who they think they are, but I doubt he has ever taken money out of his or his wives check for the company. We are paid twice a month. The check on the 15th is my base pay, and the check on the 1st is my commissions over the base pay. Well this month I did not go over the base pay, so he went into next months commissions to cover my base pay. In other words, now my next check will be $2009.16 less than it should have been.

That is the first time I have ever been below the comm. and it was because I had a huge claim I was working on which was not billed in time. My boss also said since I was getting an 18k check next month, I should not worry about it. I am sure what they have done is not legal. Any atty's out there?

 

[270SLX]

Call your state dept. of labor wage and hour division. See if they can help you.

Dennis

 

[searay sport]

I will deal with it after I am hired on with a new company. My brother was the VP of the company and I now know why he left for less money. The owner is bipolar (sp) and you never know what to expect from him. I have had him call me out of the blue and call me every name in the book before knowing what was going on. By the end of that conversation, he did say he was sorry, and I had done everything right.

 

[Woody]

Is your base pay guaranteed?

 

[TimC]

If you are not paid hourly and are overtime exempt, I'm pretty sure you have to be paid a minimum salary per year. If you are not being paid this minimum (I'm not sure of the amount) go after them. You can prob Google the law.

 

[Presentation]

If you are not paid hourly and are overtime exempt, I'm pretty sure you have to be paid a minimum salary per year. If you are not being paid this minimum (I'm not sure of the amount) go after them. You can prob Google the law.

That’s not how I am reading this. From the way it sounds, he is being paid his base pay.

This month has a negative commission. With some companies a negative commission is “carried forward’ to the next commission period meaning if his commission is -$2,000 this month and + $18,000 next month the check this month for the commission is $0 and next month is -$2000 + $18,000 = $16,000.

The base pay check, the one that comes 1x/month, keeps coming.

It all depends on if there is a contract and what it says. Also, if it’s a small firm their may be no contract, only history.

searay sport, do you have a close enough of a relationship with other employees in your same position so you could disclose your situation and see if they were treated the same?

Even if they were treated different I’m not sure you have a legal claim unless you have some type of contract. Ethical sure. Also, it sounds like you were never in this situation before so you have no history to compare it to.

It sounds like you are not happy with your current job. I guess the big question is ‘are you happy with your job?’ If not, get another one.

Just FWIW, a $16,000 commission every other month plus a base pay of $x every month is not easy to replace.

My employer is known for being very challenging. However our compensation package is very attractive. Interestingly, with the way its set up only the high producing people seem to make it. The type that do well are the type that will take a laptop with a air card on a vacation to make sure X is done correctly and such. We either make into six figures or not even close. Not much in between. On every vacation day I spend at least a hour or two on the computer doing work things, email, etc. This includes when I was on a cruise earlier this year. A cruise where we brought along our 3 children. A cruise that was paid for via a portion of a single commission check. A commission check I earned via performance via working hard, answering that email, following up on that expedite, via helping that customer in the 23rd hour on a holiday when they needed help and my competitor was fast asleep with a cell phone that was off.

 

[wastinaweigh]

It sounds like you are commissioned sales. If that is true, then you are exempt and federal law isn't going to help you unless your pay goes below minimum wage for the pay period (appears to be monthly in your case). Since that would be about $1,000, there is no danger of that. State labor law may be different but I doubt that it is different enough to help your case.

If you have a contract that spells out the pay terms, you may have a breach of contract suit. I don't think that Missouri recognizes implied contracts, so your contract probably has to be in writing.

Since you have already discussed it with your boss, the only other options that I can see are to leave or live with it.

As always, check with a lawyer licensed to practice in your jurisdiction as free advice on a web forum is usually worth what you paid for it.

 

[wish2fish]

caution in talking with other employees. It might be stated in policy that you should be discussing pay/wage issues with each other.

 

[searay sport]

The way it is set up is We are paid 2500 per month guarenteed. That was put in place to " help employees when we were slow" I am a claims adjuster and we are paid for the claims we work that have been billed between the 20th to the 19th of the next month. My brother told me they have done this before. My check stub even says the commissions were for April 20th through May 19th, but they have claims on here from 04/25/08 to 05/28/08.

We are also supposed to have paid vacation, but if you ask for it, they will tell you you are getting your base pay, so it is paid. I can talk to most of the employees because we all know we are getting screwed. We also know that until we find another job, our hands are tied as most of us cant afford to not have our income, and it is hard to find work in this field. I am basically screwed from both ends.

 

[First Born]

I am a claims adjuster

I am assuming you are insurance claims adjuster. Are you an employee or an independant contractor? I would think with them paying you a commission based on the claims that you are working you are not an employee but a independant subcontractor for an insurance company. Am I correct?

 

[fwebster]

Its been a while since I was in the trenches, but I think Ken is right. He is an exempt employee which means he is exempt from wage and hour laws and works at the pleasure of his employer. That means the dispute over wages/commissions is a contractural matter for a civil court. It also means the employer can terminate you at any time for any reason.

Do you really want to sue your employer? Guess how fast a competitor will hire you with "Sued his previous employer" being the results of a reference check. If you aren't happy, negotiate it out with your employer or leave.

 

[Nehalennia]

Move West. If you're good you'll find a job here.
Sorry to here about this. Nothign worse than having something you do for 8+ hours a day be also a source of stress and frustration.

 

[searay sport]

I am an employee not an IA. I am not paid on a 1099. It is kinda somewhere between an IA and staff adjuster I guess as we are paid a comm. I just had a long conversation with my supervisor, and I will just take the loss and bite my tongue for now. I can not afford to loose my job, plus carma is a bitch.

 

[First Born]

Probably a wise decision

 

[standers]

....That is the first time I have ever been below the comm. and it was because I had a huge claim I was working on which was not billed in time.....

It appears you have always covered your "base" in the past and enjoyed a supplemental commission check. You say this is the first time you've been below your goal and you're being advanced against future commissions. If this is your employer's practice, you are being treated as a 100% commission employee. This means your base would be treated as a "draw against commissions" and your earnings are reconciled each month.

There is nothing wrong with this compensation practice - what may be wrong in your case is how it was/is communicated to employees and how well employees understand their compensation plan.

Litigation and claims of being screwed may be a tad premature - find out if your "base" is actually a "draw."

 

[TimC]

It appears you have always covered your "base" in the past and enjoyed a supplemental commission check. You say this is the first time you've been below your goal and you're being advanced against future commissions. If this is your employer's practice, you are being treated as a 100% commission employee. This means your base would be treated as a "draw against commissions" and your earnings are reconciled each month.

There is nothing wrong with this compensation practice - what may be wrong in your case is how it was/is communicated to employees and how well employees understand their compensation plan.

Litigation and claims of being screwed may be a tad premature - find out if your "base" is actually a "draw."

Not to stray off topic but that 48 Sundancer is a gorgeous boat!!!

Consider me extremely envious:thumbsup:

 

[searay sport]

No, it is a base. My brother when he was VP put this in place. I know my contract inside and out. This is why my brother left. Because of the nature of the owner. He does this stuff all the time, but this is the first time I found out he had done it to me.

 

[billandamy]

pppfttt...I screw my employees left and right. Too bad, they can find another job if they dont like it! I have a mansion and a yacht to maintain, as well as my stable of women on the side who's rents are due every month too.

Be right back, im being fitted for my gold chain mail. DOnt really need it but I think I look great in it.

 

[searay sport]

You hit the nail on the head. He just bought a new house a few weeks ago. That plus his 1k a week for gas in the boat, weekly car details, and all the meds he is on. What ever, I will forget about it for now, but after looking through the pay stubs I could find, it is more like 5K now, and I am sure there was alot more considering I dont have 1/4 of my old pay stubs.

Oh well, as long as I have gas money for the boat, I am good.

 

[billandamy]

dood, that just sucks though.

I would NEVER think to swindle an employee of mine whatsoever, and in fact, maybe too kind to a fault...in the summer now it is almost dead in my industry, so Fridays we close up at 2 often now, and once we get to the end of July, beginning of August, we will sometimes just close up at around 2 during the week every once in a while.

I still pay everyone a full 40 hr week regardless.