Ex employer won't pay commission

cakey

I hope someone may be able to help.

Background is I worked for a company and I earned commission on sales. It used to be 5% of the value of the sale paid 30 days after invoice being paid, plus 5% of the profit after close of campaign

They sent me an email saying they had changed the commission structure to 10% of profit only ( this was after 3 years of working there) paid quarterly.

Now I opposed this, verbally and on email, they sent a one page amendment to my contract and asked me to respond saying I agreed the terms.

I never responded to this.

So roll on 9 months and I decide to hand in my notice. Over the 9 months I hadn't received any commission. I made a complaint and they agreed to pay commission monthly again. They paid up in the November and my final month of December for campaigns up till September.

Before I left I got them to confirm on email that I would be paid my commission for sales I had that ran into the next year. I got an email confirming this was the case and all commission owed would be paid.

So I would have been due commission every month from jan up until June. However they have not paid a penny. I have been quote direct now and asked if its is a case of them actually not wanting to pay me anything. They keep saying no, it's delayed because of this or that. I have been asking nearly every week now.

So my question is can they do this, and does anyone know where I might stand legally if they are in the wrong. Have called my solicitor to see what they say, waiting for the call back.. Just wondered what you peeps would do?

Amount owed is approx 6k

Thank you

cakey

Anybody ;(

coinxoperated

Hi!

Firstly, check your employment contract. Some commission type roles have a 'if you resign we won't pay anymore commission' etc clause.

How much is it in total that they owe you? If they were to stick their feet in the ground and not pay you, would you be willing to take them to court over it?

I would personally just be a total pain in the !!! if there is no clause. Call constantly. Every chance you get (use up those free minutes you never get all use out of!!) and literally harass them. Send emails to all involved, always very polite, the same e-mail, I've still not received payment for X amount and would appreciate someone to contact me' etc.

The more you keep pushing, the higher up you can push, directors, etc

Best of luck!

cakey

My contract doesn't state anything about commission after I resign, which is why before I left I got them to send an email confirming they would pay it after I left

Just going to keep hassling them, I spoke to the solicitor and he asked me to put together all the details for him chronologically plus all of the emails. He said it will be small claims ( if less than 5k) , but he wants to send a letter first, hopefully scare them into paying