Do I have a right to earned commission?
I was in an employment contract until May 15, 2001. The employer told me I did not please them with sales and goals expectations. This was a salary and commission position. The contract stated if I departed the company before that date I would be responsible for paying back a sign on bonus. I quit the job because they informed me I had a choice to stay with them in a different job or go elsewhere. They withheld my commissions for January stating this was to go towards the signing bonus. Also did not receive Cobra info until May 15th and the insurance was discontinued Feb 28th and I wasn't notified. Over $10,000 is owed to me. Is this worth pursuing?
1 answer | asked Jun 19, 2001 7:54 PM [EST] | applies to Ohio
Answers (1)
Julie:
You may be able to overcome the contract provision requiring you to repay the signing bonus if the choice between quitting or a different job was really no choice at all. That is, if the different job pays less or otherwise has materially different terms or conditions such that a reasonable person in your shoes would not accept it, then the legal affect is that you were forced to quit, or "constructively discharged." In that case, it would appear that you have a claim for your $10K. You will need to talk to an attorney in your area about fees and costs in order to evaluate whether to pursue it.
The COBRA issue is a different matter. You may have a claim related to the late notification if you incurred medical expenses that the insurance would have covered or otherwise were harmed by the late notice. The most important thing about the insurance, however, is to get it in place if you need to have it for your insurance.
I hope this helps.
Neil Klingshirn
posted by Neil Klingshirn | Jun 22, 2001 4:48 PM [EST]
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