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Thu 3 Feb, 2005 09:41 am
Let me give some background before I ask the question. The background is where I get confused as to whether or not I'm owed money.
I began work at an advertising agency (very small) with an agreement of an hourly wage, 10% commission on all contracts brought in by me, and a mileage allowance every 2 weeks.
After 8 weeks with the above agreement, we ended the hourly wage, increased my commission to 20% and kept the mileage allowance the same.
I left the company after 26 weeks, with the understanding that all commissions due to me would be mailed to me asap. I waited 10 weeks and saw nothing. When I finally called, I was told I was due nothing. They subsequently sent me a check for portions of commissions here and there, but nothing consistent and not for what I had actually sold.
There are many other circumstances surrounding my query, but I don't want to bother anyone before finding out if there is anyone who can answer my question.
Oh...I live in Kansas, so I assume that KS Dept of Revenue standards would apply...but can't seem to find the current ones for this situation.
Thank you for your time and consideration.
Kacey
Was this all a verbal or written agreement?
If it was a written agreement with no loopholes (i.e. "employee must stay with the company for a full year before receiving commissions" or whatever), and you have a copy of this written agreement, seems pretty clear-cut.
I'm not a lawyer, though.
First of all, do you have the agreement in writing? If so, it may be worth persuing if you also have proof of what you sold. If you don't have the agreement in writing, then you're probably out of luck. I'n not familiar with KS employment laws, but you might start at the employment office - if they are not the correct place, they should at least be able to point you in the right direction. Possibly small claims court?
Everything was verbal. They made all sorts of promises, and kept very few.
There is still some hope if you had witnesses, etc. But if it was all verbal, my first reaction is take the lesson to heart and from now on get everything in writing.
You may be able to report them to the Better Business Bureau or something.
And again I'm not a lawyer, if there is a lot of money at stake especially I suggest you talk to one.
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