Forums
Stop payment on payroll/commissions
Legal Forum
Stop payment on payroll/commissions
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
My boss fired a guy and gave him 3 checks, one for commissions as per the contract, one for hours worked on the pay period and one for OT earned while working out of town. Then he put stop payment on
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId35865
Forums » Topic Forums » Legal Forum » Stop payment on payroll/commissions
|
Stop payment on payroll/commissions
posted at 6/4/2009 1:53 PM EDT
|
Posts: 12
First: 4/1/2009 Last: 6/8/2009 |
My boss fired a guy and gave him 3 checks, one for commissions as per the contract, one for hours worked on the pay period and one for OT earned while working out of town. Then he put stop payment on the checks 20 minutes later, the banks were closed and the guy found out the next morning. He called the office infuriated, boss wouldnt take his call but sends a text stating thatchecks will be reissued when Co laptop and rolodex are returned. The guys wife brings the items and boss hands her a envelope with checks in it. The difference was $2100 less. I told asked the boss "wouldnt it be cheaper to just pay him and let him go away". The reply was "he filed ULPs on me for termination without cause and retaliation on a steward for union activities and now he's getting nothing". Those sound like serious charges and I think the guy might be right. Will my boss be able to win this fight he started? Personally, I cant stand the guy and am glad he's gone but think he was shafted. |
|
|
Stop payment on payroll/commissions
posted at 6/4/2009 5:45 PM EDT
|
|
Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
If the employee can prove the money was owed, then I don't think the wage board will care about the other issues and will require the company to pay the $2100.
The only way I can see the boss withholding money is if this was part of a severance agreement where the employee signed a release/waiver that stated he wouldn't make any legal claims and was paid to sign that waiver. He would lose the right to that money if he then filed a claim. But that doesn't sound like the situation. |
|
|
Stop payment on payroll/commissions
posted at 6/5/2009 9:26 AM EDT
|
|
Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
I have seem some wrinkles in commission agreements that some reversion clauses in the event of non-payment or return of goods and the like. They are usually not an issue when the employment relationship is ongoing, but when a termination occurs the concept of "earning" a commission can be defined based on passage of time after a sale and no issues on items like the ones I mentioned.
Not saying that is the case, but just pointing out some standing the employer may have to withhold or reduce the amount due. |
|
|
Stop payment on payroll/commissions
posted at 6/5/2009 11:39 AM EDT
|
|
Posts: 12
First: 4/1/2009 Last: 6/8/2009 |
There is no language relating to such in the CBA. Plainly states comms will be paid on 1st of following month. The money was due to the employee when first checks were written. The stop payment was done out of pure meanness and spite. I'm watching my boss dig himself into a hole he may not be able to buy his way out of. He went through the roof when the NLRB papers came today. |
|
|
Stop payment on payroll/commissions
posted at 6/5/2009 5:27 PM EDT
|
|
Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Not all parts of the CBA must contain all aspects of the compensation plan. What we don't know is what is or isn't in the commission plan nor do we know of any agreements made aside from this plan.
While at face value your boss seems to be a bit of a reactionary there could be circumstance that legitimately addresses this. Whether we like people or not often times contract language and law coupled with specifics protects even the most repugnant. |
Forums » Topic Forums » Legal Forum » Stop payment on payroll/commissions
