Owed commission after leaving job

DKLS

The_Magnificent_Spoon wrote: »

And why would you say that? Purely based upon the fact that you've known people that couldn't be bothered to chase it, instead of claiming what they are owed?

How many of these people considered taking small claims action? And if they did, what was the result...?

In my opinion, if somebody states "If you do X, we will pay you Y", then when you do X, you are owed Y. I'm not sure how there is any way to wriggle out of this.

There are a million and one ways to wiggle out of this and ensure the individual gets zip. I have seen it done many times and have done it myself under orders from the MD.

Or you could put the rose tinted glasses on and take small claims action :rotfl: which all would happen is the individual would waste their fee.

The_Magnificent_Spoon

sangie595 wrote: »

Your definition of a discretionary payment is, unhappily for your friend, not correct. It wasn't payable, then it was, then it wasn't. That is all the evidence that she has. That is discretionary! And she didn't do anything about it. She knew for two years that it hadn't been paid and it doesn't matter how many times it was brought up as a query - where is the grievance, and why did it take two years to start legal action? If she genuinely thought she was entitled to the money, she should have done something about it. That's the law. Having not paid it for so long it is nowhere near being an enforceable contractual term - if it ever was one. There isn't the luxury of sitting around until one gets another job. the employer has a good case to argue, and your friend has a verbal statement. That's not much of a contest.

Incorrect on two major issues. Please read the facts before commenting.

1) she doesn't just have a 'verbal statement', she has emailed documents, confirming exactly what would be paid.

2) since starting her job, she was always under a bonus commission scheme, however they changed it from a monthly performance related bonus to the monthly commission scheme.

Do you genuinely believe that if somebody doesn't pay a quantity of money owed for a year or two that they no longer owe the money...? Really...?

sangie595

I did read the facts - it is you who is ignoring facts. But since you have no manners I suggest you help your friend yourself - and perhaps you would be willing to put your money on the costs of legal action so she doesn't waste hers when it all goes wrong. After all, you already know everything there is to know, so you don't need worry about your money.