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rated:
Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 
- the commission is 10% of the annual revenue for this customer
- I left the company before I collected all my commissions. One thing led to another, and I realized there was no future with that company with the way the company was being run
- the owner is refusing to pay me saying he wants an attorney to look over the contract terms. I said nothing has changed, you had been paying me all along. He says, yes, but you quit without giving me an opportunity to work things out with you, or any warning. Therefore, I don't owe you any commission from this point forth. I advised him to read the contract.  He is still refusing to pay me
- I live in the state of AZ, and I plan on filing with the labor department on Monday.  AZ has a nice easy form that I can fill out without getting an attorney

So, my question to you - do I need to be doing anything else?  For example, do I need to ask for my money in writing?  Do I need to ask for my commission every week in writing?  I mean it is apparent to me he is not going to pay me unless somebody makes him, but do I still need to do due diligence and  ask for it in writing?  thank you!

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Most Recent Posts
The issue here has very little to do with the contract. He's probably go no chance if this were ever to go to court. The... (more)

meade18 (Aug. 30, 2017 @ 10:31a) |

"I closed a sale, and the terms of the "commission contract" was that it was fully earned when I had the "customer contr... (more)

LOOPHOLE (Aug. 30, 2017 @ 7:40p) |

You make an interesting point about being over $5000,  but I honestly don't know what the annual revenue with this custo... (more)

luvdoublebrats (Aug. 30, 2017 @ 10:49p) |

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rated:
How much money are we talking about (weekly & total)?

rated:
The weekly amount due is about $350, and the total due would be about $18,000

rated:
luvdoublebrats said:   The weekly amount due is about $350, and the total due would be about $18,000

So you worked for zero weeks after the contract was signed and received nothing of the commission?
  

rated:
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 
- the commission is 10% of the annual revenue for this customer
- I left the company before I collected all my commissions. One thing led to another, and I realized there was no future with that company with the way the company was being run
- the owner is refusing to pay me saying he wants an attorney to look over the contract terms. I said nothing has changed, you had been paying me all along. He says, yes, but you quit without giving me an opportunity to work things out with you, or any warning. Therefore, I don't owe you any commission from this point forth. I advised him to read the contract.  He is still refusing to pay me
- I live in the state of AZ, and I plan on filing with the labor department on Monday.  AZ has a nice easy form that I can fill out without getting an attorney

So, my question to you - do I need to be doing anything else?  For example, do I need to ask for my money in writing?  Do I need to ask for my commission every week in writing?  I mean it is apparent to me he is not going to pay me unless somebody makes him, but do I still need to do due diligence and  ask for it in writing?  thank you!

  You'll have to sue to get your money. Nothing any state agency can do. 

rated:
Hi, no - I worked for 3 weeks after the contract was signed, and was receiving my commission as promised. In fact, the first week after I resigned, I got my commission as well. It is the weeks after that, he is refusing to pay me.  

rated:
Rcracer2017 said:   
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 
- the commission is 10% of the annual revenue for this customer
- I left the company before I collected all my commissions. One thing led to another, and I realized there was no future with that company with the way the company was being run
- the owner is refusing to pay me saying he wants an attorney to look over the contract terms. I said nothing has changed, you had been paying me all along. He says, yes, but you quit without giving me an opportunity to work things out with you, or any warning. Therefore, I don't owe you any commission from this point forth. I advised him to read the contract.  He is still refusing to pay me
- I live in the state of AZ, and I plan on filing with the labor department on Monday.  AZ has a nice easy form that I can fill out without getting an attorney

So, my question to you - do I need to be doing anything else?  For example, do I need to ask for my money in writing?  Do I need to ask for my commission every week in writing?  I mean it is apparent to me he is not going to pay me unless somebody makes him, but do I still need to do due diligence and  ask for it in writing?  thank you!

  You'll have to sue to get your money. Nothing any state agency can do. 

  Hi, I am very lucky and I live in AZ.  As long the money owed is less than $5000, I can fill out a simple form.  Also, see this article http://www.jaburgwilk.com/news-publications/in-arizona-employers...

rated:
luvdoublebrats said:   
Rcracer2017 said:   
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 
- the commission is 10% of the annual revenue for this customer
- I left the company before I collected all my commissions. One thing led to another, and I realized there was no future with that company with the way the company was being run
- the owner is refusing to pay me saying he wants an attorney to look over the contract terms. I said nothing has changed, you had been paying me all along. He says, yes, but you quit without giving me an opportunity to work things out with you, or any warning. Therefore, I don't owe you any commission from this point forth. I advised him to read the contract.  He is still refusing to pay me
- I live in the state of AZ, and I plan on filing with the labor department on Monday.  AZ has a nice easy form that I can fill out without getting an attorney

So, my question to you - do I need to be doing anything else?  For example, do I need to ask for my money in writing?  Do I need to ask for my commission every week in writing?  I mean it is apparent to me he is not going to pay me unless somebody makes him, but do I still need to do due diligence and  ask for it in writing?  thank you!

  You'll have to sue to get your money. Nothing any state agency can do. 

  Hi, I am very lucky and I live in AZ.  As long the money owed is less than $5000, I can fill out a simple form.  Also, see this article http://www.jaburgwilk.com/news-publications/in-arizona-employers...

  But you said the money is $18,000

rated:
luvdoublebrats said:   
Rcracer2017 said:   
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 
- the commission is 10% of the annual revenue for this customer
- I left the company before I collected all my commissions. One thing led to another, and I realized there was no future with that company with the way the company was being run
- the owner is refusing to pay me saying he wants an attorney to look over the contract terms. I said nothing has changed, you had been paying me all along. He says, yes, but you quit without giving me an opportunity to work things out with you, or any warning. Therefore, I don't owe you any commission from this point forth. I advised him to read the contract.  He is still refusing to pay me
- I live in the state of AZ, and I plan on filing with the labor department on Monday.  AZ has a nice easy form that I can fill out without getting an attorney

So, my question to you - do I need to be doing anything else?  For example, do I need to ask for my money in writing?  Do I need to ask for my commission every week in writing?  I mean it is apparent to me he is not going to pay me unless somebody makes him, but do I still need to do due diligence and  ask for it in writing?  thank you!

  You'll have to sue to get your money. Nothing any state agency can do. 

  Hi, I am very lucky and I live in AZ.  As long the money owed is less than $5000, I can fill out a simple form.  Also, see this article http://www.jaburgwilk.com/news-publications/in-arizona-employers...

  You indicated that you are owed @$18,000.  18,000>5000.  So you can't use that form unless you plan to try and submit a separate form for each commission that you have not been paid.

rated:
I think OP plans on filling a form every week - or combining a number of weeks but keep total below $5000 and keep submitting - will still need to do this 4 times. Not sure how the AZ Labor Department will look at it though.

rated:
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 

 

  
Did you agree to be paid weekly just for this one sale?  Or did you agree for all your commissions?  Is this change to your commission in writing (and if so, is it signed by both you and former employer)?

Regardless, I'd guess that AZ will consider your claim to be over $5,000, therefore you won't be able to follow the <$5000 claims process.  You'll probably have to sue on your own or find out if there is a different claims structure through your state agency.

rated:
luvdoublebrats said:   
Rcracer2017 said:   
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 
- the commission is 10% of the annual revenue for this customer
- I left the company before I collected all my commissions. One thing led to another, and I realized there was no future with that company with the way the company was being run
- the owner is refusing to pay me saying he wants an attorney to look over the contract terms. I said nothing has changed, you had been paying me all along. He says, yes, but you quit without giving me an opportunity to work things out with you, or any warning. Therefore, I don't owe you any commission from this point forth. I advised him to read the contract.  He is still refusing to pay me
- I live in the state of AZ, and I plan on filing with the labor department on Monday.  AZ has a nice easy form that I can fill out without getting an attorney

So, my question to you - do I need to be doing anything else?  For example, do I need to ask for my money in writing?  Do I need to ask for my commission every week in writing?  I mean it is apparent to me he is not going to pay me unless somebody makes him, but do I still need to do due diligence and  ask for it in writing?  thank you!

  You'll have to sue to get your money. Nothing any state agency can do. 

  Hi, I am very lucky and I live in AZ.  As long the money owed is less than $5000, I can fill out a simple form.  Also, see this article http://www.jaburgwilk.com/news-publications/in-arizona-employers...

  
Arizona law allows recovery of three times the amount owed plus attorney fees if you can prove that the employer acted in bad faith.  This seems like an ideal case to engage an attorney who specializes in this area.

rated:
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status.

  You called it a commission?  You spelled out your related pay in the customer's contract?

rated:
I was laid off a few weeks after the end of a quarter, and they refused to pay my quarterly bonus.

It was all in writing and I had met all the terms and conditions.
In California theres is a Department Of Industrial Relations where one can file a "Wage Claim"
I do not know what state you are in, but other states should have something similar.
https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm 

Like Arizona, in California I could have received up to three times the amount due if they had fought it and I won.
I got a check within a week for the full amount after filing the claim. (no lawyer, did it myself)

rated:
Here's what the law states:

Commissions are considered wages if they are part of non-discretionary compensation due to an employee. If an
employee’s commissions are wages, they must be paid in the same manner as wages. Each employer in Arizona
must designate two or more days in each month, not more than 16 days apart, as fixed paydays for wages to its
employees.

Employers based and whose payroll function is located outside of Arizona are permitted to designate only
a single fixed payday per month for employees exempt as professionals, executives, administrators, or outside
salespeople under the federal Fair Labor Standards Act, or supervisors under the federal National Labor Relations Act.
This does not require bi-monthly or monthly calculation of commissions, only payment of them in the next regular
paycheck after entitlement to the commission is determined. [All AZ employers]
Citation: A.R.S. §§ 23-350, 23-351.

rated:
Do you have anything in writing with/from your employer? In experience I see this working many ways.  A few thoughts (there are more I'm sure):
1. The commission is not only for signing the customer but dealing with onboarding, customer retention, making sure they are happy, customer service, etc.
2. Your agreement states you will receive commissions only as long as you're an employee.
3. Your leaving affected other earned commissions, in which a chargeback would occur. Why would you only have a single customer? It seems more likely that you should have many signed customers and getting many weekly payments that end at various times.
4. It is exactly as you described, but your employer is being a prick (the legal term haha). In this case you will either need to contact your state's labor division and if they won't help, then you must sue. Some lawyers may be willing to take this case and get paid only out of the monies received. This is, of course, saying the employer has the money to pay you. If you sue someone that is light on cash, collecting on a judgment can be harder than "winning" in court and getting a judgment.

Keep us updated!

rated:
forbin4040 said:   
luvdoublebrats said:   
Rcracer2017 said:   
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 
- the commission is 10% of the annual revenue for this customer
- I left the company before I collected all my commissions. One thing led to another, and I realized there was no future with that company with the way the company was being run
- the owner is refusing to pay me saying he wants an attorney to look over the contract terms. I said nothing has changed, you had been paying me all along. He says, yes, but you quit without giving me an opportunity to work things out with you, or any warning. Therefore, I don't owe you any commission from this point forth. I advised him to read the contract.  He is still refusing to pay me
- I live in the state of AZ, and I plan on filing with the labor department on Monday.  AZ has a nice easy form that I can fill out without getting an attorney

So, my question to you - do I need to be doing anything else?  For example, do I need to ask for my money in writing?  Do I need to ask for my commission every week in writing?  I mean it is apparent to me he is not going to pay me unless somebody makes him, but do I still need to do due diligence and  ask for it in writing?  thank you!

  You'll have to sue to get your money. Nothing any state agency can do. 

  Hi, I am very lucky and I live in AZ.  As long the money owed is less than $5000, I can fill out a simple form.  Also, see this article http://www.jaburgwilk.com/news-publications/in-arizona-employers...

  But you said the money is $18,000

  Hi, the total amount is $18,000. But is payable weekly (as he gets paid by the customer).  So, technically, the money that is outstanding is 2 x $350 as of right now.  I was paid uptil Aug 5. 

rated:
fwfisawesome said:   I think OP plans on filling a form every week - or combining a number of weeks but keep total below $5000 and keep submitting - will still need to do this 4 times. Not sure how the AZ Labor Department will look at it though.
   Exactly!, I plan on filing so that the amount due me is never more than $5000 each time

rated:
civ2k1 said:   
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 

 

  
Did you agree to be paid weekly just for this one sale?  Or did you agree for all your commissions?  Is this change to your commission in writing (and if so, is it signed by both you and former employer)?

Regardless, I'd guess that AZ will consider your claim to be over $5,000, therefore you won't be able to follow the <$5000 claims process.  You'll probably have to sue on your own or find out if there is a different claims structure through your state agency.

  
I started with the company in early June 2017, and this was my first sale. So, my plan was to get paid this way for all subsequent sales. He is just starting out in this area, and cash is very tight.  Yes, everything I have stated for the contract is in writing.  Well, there is a chance that AZ will consider my claim to be over $5000.  But honestly, it's based on the annual revenue for this customer, and there is no guarantee that the customer will stay with my former employer for a year. The customer ( or the my former employer) may end the contract with each other with a 30 day notice.  Thank you for your input! 

rated:
Glitch99 said:   
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status.
 

  You called it a commission?  You spelled out your related pay in the customer's contract?

  Hi, Sorry for the confusion, I should be more clear when I use the word "contract".  I will distinguish between " commissions contract"  vs " customer contract".  Here is what I should have said in the sentence above:

I closed a sale, and the terms of the "commission contract" was that it was fully earned when I had the "customer contract" signed ( the "customer contract" has been signed). In the "commission contract" I  called it a "customer acquisition commission" and it is spelled out in the "commission contract" that the payments will continue weekly for 52 weeks regardless of my employment status.
 

rated:
goldsheet said:   I was laid off a few weeks after the end of a quarter, and they refused to pay my quarterly bonus.

It was all in writing and I had met all the terms and conditions.
In California theres is a Department Of Industrial Relations where one can file a "Wage Claim"
I do not know what state you are in, but other states should have something similar.
https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm 

Like Arizona, in California I could have received up to three times the amount due if they had fought it and I won.
I got a check within a week for the full amount after filing the claim. (no lawyer, did it myself)

  Awesome!, that gives me great hope! 

rated:
myfrogger said:   Do you have anything in writing with/from your employer? In experience I see this working many ways.  A few thoughts (there are more I'm sure):
1. The commission is not only for signing the customer but dealing with onboarding, customer retention, making sure they are happy, customer service, etc.
2. Your agreement states you will receive commissions only as long as you're an employee.
3. Your leaving affected other earned commissions, in which a chargeback would occur. Why would you only have a single customer? It seems more likely that you should have many signed customers and getting many weekly payments that end at various times.
4. It is exactly as you described, but your employer is being a prick (the legal term haha). In this case you will either need to contact your state's labor division and if they won't help, then you must sue. Some lawyers may be willing to take this case and get paid only out of the monies received. This is, of course, saying the employer has the money to pay you. If you sue someone that is light on cash, collecting on a judgment can be harder than "winning" in court and getting a judgment.

Keep us updated!

  Hi, my "commission contract" explicitly says " regardless" of employment status.   I started with the company in early June 2017, this was my first, and only one customer that I was collecting commissions on.  I had 15 customers  in the pipeline, and (2) were very close to closing, but only one closed and signed .   Yes, you're right, I fear that even if the state orders him to pay, he may not pay. As I recall, he said the following to me at times....and I am quoting him   I DON'T EVEN HAVE 2 NICKLES TO RUB TOGETHER .... pretty funny.     

rated:
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 
- the commission is 10% of the annual revenue for this customer
- I left the company before I collected all my commissions. One thing led to another, and I realized there was no future with that company with the way the company was being run
- the owner is refusing to pay me saying he wants an attorney to look over the contract terms. I said nothing has changed, you had been paying me all along. He says, yes, but you quit without giving me an opportunity to work things out with you, or any warning. Therefore, I don't owe you any commission from this point forth. I advised him to read the contract.  He is still refusing to pay me
- I live in the state of AZ, and I plan on filing with the labor department on Monday.  AZ has a nice easy form that I can fill out without getting an attorney

So, my question to you - do I need to be doing anything else?  For example, do I need to ask for my money in writing?  Do I need to ask for my commission every week in writing?  I mean it is apparent to me he is not going to pay me unless somebody makes him, but do I still need to do due diligence and  ask for it in writing?  thank you!

  Larin?

rated:
IDontPayRetail said:   
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status. 
- the employer is is tight on cash, and I agreed to get paid as he got paid by the customer - 10% of his invoice payable as commission every week to me.  ( Believe me, if I thought I could have been paid any other way, I would have asked for it) 
- the commission is 10% of the annual revenue for this customer
- I left the company before I collected all my commissions. One thing led to another, and I realized there was no future with that company with the way the company was being run
- the owner is refusing to pay me saying he wants an attorney to look over the contract terms. I said nothing has changed, you had been paying me all along. He says, yes, but you quit without giving me an opportunity to work things out with you, or any warning. Therefore, I don't owe you any commission from this point forth. I advised him to read the contract.  He is still refusing to pay me
- I live in the state of AZ, and I plan on filing with the labor department on Monday.  AZ has a nice easy form that I can fill out without getting an attorney

So, my question to you - do I need to be doing anything else?  For example, do I need to ask for my money in writing?  Do I need to ask for my commission every week in writing?  I mean it is apparent to me he is not going to pay me unless somebody makes him, but do I still need to do due diligence and  ask for it in writing?  thank you!

  Larin?

  Gitis?

rated:
luvdoublebrats said:   But honestly, it's based on the annual revenue for this customer, and there is no guarantee that the customer will stay with my former employer for a year. The customer ( or the my former employer) may end the contract with each other with a 30 day notice.  Thank you for your input! 
So, what's to stop him from renegotiating with the client and cutting you out of the deal?

rated:
Try calling the employer and let him know that your commission is $18000. If he argues that it is less,then try telling him that you would like to come to the workplace and show you how I calculated. Usually you showing up at workplace to collect commision will have him rethink about the payment.

Most employers dont want to get emberrased in front of other employees. If nothing works then sue.

rated:
supersnoop00 said:   
luvdoublebrats said:   But honestly, it's based on the annual revenue for this customer, and there is no guarantee that the customer will stay with my former employer for a year. The customer ( or the my former employer) may end the contract with each other with a 30 day notice.  Thank you for your input! 
So, what's to stop him from renegotiating with the client and cutting you out of the deal?

  It's a "customer acquisition commission" as long as he is doing business with that customer, he owes me commission for an entire year. 
 

rated:
utsavdesai said:   Try calling the employer and let him know that your commission is $18000. If he argues that it is less,then try telling him that you would like to come to the workplace and show you how I calculated. Usually you showing up at workplace to collect commision will have him rethink about the payment.

Most employers dont want to get emberrased in front of other employees. If nothing works then sue.

  Hi, only he and his wife work at the company.  It's a very small company

rated:
goldsheet said:   I was laid off a few weeks after the end of a quarter, and they refused to pay my quarterly bonus.

It was all in writing and I had met all the terms and conditions.
In California theres is a Department Of Industrial Relations where one can file a "Wage Claim"
I do not know what state you are in, but other states should have something similar.
https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm 

Like Arizona, in California I could have received up to three times the amount due if they had fought it and I won.
I got a check within a week for the full amount after filing the claim. (no lawyer, did it myself)

  
File for what is behind.  As long as the employer has your current address it is their responsibility to send you the payment.  Not your responsibility to collect.   The Employer will only owe triple if they refuse once the Labor department gets involved.  I bet they find the money real quick once the labor department presents them with that threat.

 

rated:
Hmm. Okay, so this is a really small operation. I don't know why folks don't see more opportunities before they take a leap like you did. You obviously were able to make some money. If things aren't extremely promising, could you not have just continued this "on the side?" You made one "sale" and you are supposed to get $18,200 for it... I don't know how much you put into that, but there are a lot of folks that would have considered that a lot of money if you had put 2 months of full-time work into it. I would wager that you probably put substantially less work into it.

Maybe you call him back up and come up with some mutually beneficial terms... like, he keeps paying you and you keep sending business his way for further commissions. Doesn't have to be a full-time arrangement or anything (unless you found a new job that would put you in a situation with a conflict of interest).

rated:
Dus10 said:   Hmm. Okay, so this is a really small operation. I don't know why folks don't see more opportunities before they take a leap like you did. You obviously were able to make some money. If things aren't extremely promising, could you not have just continued this "on the side?" You made one "sale" and you are supposed to get $18,200 for it... I don't know how much you put into that, but there are a lot of folks that would have considered that a lot of money if you had put 2 months of full-time work into it. I would wager that you probably put substantially less work into it.

Maybe you call him back up and come up with some mutually beneficial terms... like, he keeps paying you and you keep sending business his way for further commissions. Doesn't have to be a full-time arrangement or anything (unless you found a new job that would put you in a situation with a conflict of interest).

  Buddy if he signed a contract, those were mutually beneficial terms. That's what contracts are.

rated:
shitrus said:   
Dus10 said:   Hmm. Okay, so this is a really small operation. I don't know why folks don't see more opportunities before they take a leap like you did. You obviously were able to make some money. If things aren't extremely promising, could you not have just continued this "on the side?" You made one "sale" and you are supposed to get $18,200 for it... I don't know how much you put into that, but there are a lot of folks that would have considered that a lot of money if you had put 2 months of full-time work into it. I would wager that you probably put substantially less work into it.

Maybe you call him back up and come up with some mutually beneficial terms... like, he keeps paying you and you keep sending business his way for further commissions. Doesn't have to be a full-time arrangement or anything (unless you found a new job that would put you in a situation with a conflict of interest).

  Buddy if he signed a contract, those were mutually beneficial terms. That's what contracts are.

  I fully get that... it is just sometimes... it is easier to work things out than go through legal recourse.

rated:
Dus10 said:   
shitrus said:   
Dus10 said:   Hmm. Okay, so this is a really small operation. I don't know why folks don't see more opportunities before they take a leap like you did. You obviously were able to make some money. If things aren't extremely promising, could you not have just continued this "on the side?" You made one "sale" and you are supposed to get $18,200 for it... I don't know how much you put into that, but there are a lot of folks that would have considered that a lot of money if you had put 2 months of full-time work into it. I would wager that you probably put substantially less work into it.

Maybe you call him back up and come up with some mutually beneficial terms... like, he keeps paying you and you keep sending business his way for further commissions. Doesn't have to be a full-time arrangement or anything (unless you found a new job that would put you in a situation with a conflict of interest).

  Buddy if he signed a contract, those were mutually beneficial terms. That's what contracts are.

  I fully get that... it is just sometimes... it is easier to work things out than go through legal recourse.
 

  I was working there part time ( 20 hours/week). I was making really good money, and I truly wanted it to work.  I considered asking to work from home, and not deal with the "noise" .  But I can no longer work for a company just to collect a paycheck ( even if its a big one) I need to believe in the company - I was not feeling it.  I just couldn't do it to myself anymore.   

You're right, I could potentially send another client his way, so he is incented to  keep the original "commissions contract"  with me.  I was very close to closing another deal, and I still have all the contact info to reignite that sale.  But then again, I have my doubts as to whether he will ever pay me. His word no longer means anything to me.        

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Make a new contract that makes things a little more clear... "failure to pay based on these conditions will result in legal recourse" or something to that nature.  I mean, it is a contract, this is already implied... but tell him this is the cost of doing business... he wants a new customer and the money, he gets the updated contract (and ensure that it states that it applies retroactively to existing commissions).

rated:
The issue here has very little to do with the contract. He's probably go no chance if this were ever to go to court. The problem is that the company is floundering and it sounds like he has no money to pay you with, even as the revenue from this contract comes in. Considering the fact that he could go under at any minute, it might behoove you to renegotiate with him for a lump sum payout since you know installment payments won't work. But that's only if you believe him when he says he's broke. That's the real question you need to be asking yourself here.

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luvdoublebrats said:   
Glitch99 said:   
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status.

  You called it a commission?  You spelled out your related pay in the customer's contract?

  Hi, Sorry for the confusion, I should be more clear when I use the word "contract".  I will distinguish between " commissions contract"  vs " customer contract".  Here is what I should have said in the sentence above:

I closed a sale, and the terms of the "commission contract" was that it was fully earned when I had the "customer contract" signed ( the "customer contract" has been signed). In the "commission contract" I  called it a "customer acquisition commission" and it is spelled out in the "commission contract" that the payments will continue weekly for 52 weeks regardless of my employment status.

  
"I closed a sale, and the terms of the "commission contract" was that it was fully earned when I had the "customer contract" signed ( the "customer contract" has been signed)."

Since your contract  states that it "was fully earned", and in total exceeds $5000,  I would say that your only recourse is a civil action, see below:How to Recover Your Unpaid WagesIf the amount of unpaid wages is less than $5,000, an employee may either launch a civil action against his employer or file a written claim with the department for unpaid wages.  If the unpaid wages totals more than $5,000, the employee’s only option for recovery is a civil action against the employer.

http://wzfirm.com/the-ins-and-outs-of-unpaid-wages-in-arizona/

 

rated:
LOOPHOLE said:   
luvdoublebrats said:   
Glitch99 said:   
luvdoublebrats said:   Hello FWers - I need your help please!
- I closed a sale, and the terms of the commission was that it was fully earned when I had the contract signed ( the contract has been signed). I called it a "customer acquisition commission" and it is spelled out in the contract that the payments will continue weekly for 52 weeks regardless of my employment status.

  You called it a commission?  You spelled out your related pay in the customer's contract?

  Hi, Sorry for the confusion, I should be more clear when I use the word "contract".  I will distinguish between " commissions contract"  vs " customer contract".  Here is what I should have said in the sentence above:

I closed a sale, and the terms of the "commission contract" was that it was fully earned when I had the "customer contract" signed ( the "customer contract" has been signed). In the "commission contract" I  called it a "customer acquisition commission" and it is spelled out in the "commission contract" that the payments will continue weekly for 52 weeks regardless of my employment status.

  
"I closed a sale, and the terms of the "commission contract" was that it was fully earned when I had the "customer contract" signed ( the "customer contract" has been signed)."

Since your contract  states that it "was fully earned", and in total exceeds $5000,  I would say that your only recourse is a civil action, see below:How to Recover Your Unpaid WagesIf the amount of unpaid wages is less than $5,000, an employee may either launch a civil action against his employer or file a written claim with the department for unpaid wages.  If the unpaid wages totals more than $5,000, the employee’s only option for recovery is a civil action against the employer.

http://wzfirm.com/the-ins-and-outs-of-unpaid-wages-in-arizona/ 

 

  You make an interesting point about being over $5000,  but I honestly don't know what the annual revenue with this customer will be.  Right now, what is due me is less than $5000.  I filed with the state of AZ today with the labor department for unpaid wages.  I will keep you guys posted as to what happens next.  The labor dept said it could take upto 90 days, I hope it does not.  

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