Is there a law against this, and what kind of lawyer to seek for a class action?
I work for a major company, has thousands of sales reps. We are commission only, but employees. They make our statements impossible to tell without hours of dissecting work to see if we are paid correctly. Dispite numerous requests from everybody to make them so we know if we are paid right. Also I found in their chargeback system how if we get a chargeback the following month or after, they are stealing hundreds of dollars from us that should of been paid, by taking more then we were ever paid.
I need to know the laws against this and how to find a very good/high profile class action lawyer if this warrants this. Thanks
Tagged with: lawyer
Filed under: Employee Rights Lawyer
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Class action suit? Do you know what that is??
Why don’t you just quit and go find a real job with real employers who follow the law.
If you don’t like the job or the conditions, find another job. You don’t have a lawsuit here.
Yes.
Go to HandelOnTheLaw.com and look for an employement lawyer. What they are doing is a form of fraud, and can be prosecuted both criminally and civily.
You should contact the better business bureu. they could tell you everything you need to know
The lawyer who would do that is an employment compensation lawyer, the one that specializes in sales. In order to find one, you will have to call to the State Bar of your state and ask them to refer you to one.
You can also contact the Department of Labor of your state and the federal division of it. That is the better way. The lawyer is only good if tens of thousands of dollars are at stake. Otherwise, you will end up losing more money plus losing your job. On the other hand, the government agency will process all the claims anonymously.
Calculating the amount of commission due is a complicated process that can be hardly understood by a person who doesn’t have a background in accounting. Each client can have a different commission schedule with the company. One thing is for you to make a sale; the other thing is for the company to collect funds on that sale, which is a totally different issue. When you make a sale, it is not like the cash is being deposited right away into the company’s account receivable. Most sales are done on credit and each client has different credit payment schedule. Often it takes months until the company actually collects funds for your sale. Some of them become uncollectible and charged off. Some of them are charged off as returns and allowances. Some of them are charged against delivery discounts as set on the client’s payment schedule. The entire process is a headache for anyone who is not in accounting.
Most sales companies are being regularly audited by banks and different governmental taxation and regulation agencies. Those guys 120% know what they are doing when they audit a company. Trust me, if there are the discrepancies in the company’s operations and system processing, they would have been found right away and the company would have been fined long time ago.
Before you give 1/3 of your earnings to a class action attorney, you may want to explore a complaint either to your state labor board or the Federal Department of Labor’s Wage & Hours Division. If this problem is more than a simple misunderstanding, your employer is in deep trouble.
Although some of the anwers given may seemy sarcastic, there is actually a good point to be made about simply moving on. If you take this to court or file a Wage & Hour complaint, you may be burning a bridge. While your employer would be in even deeper trouble if they discriminate because of the complaint, there are ways of taking it out of your hide without stepping outside of the law. And if you later chose to move on, you need to be concerned about what sort of reputation you will take with you and if your employer would even give you a reference. Take all of that into consideration before you take action.
Lawyers are a pretty selfish breed. They usually only start a class action if there is a huge windfall for them. Class action lawsuits are a ton of work and not very many lawyers will even discuss the case unless there is the potential for free marketing for them or lots of money.
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Some times you just lose, i sympathize with you. I just got screwed by my landlord and no lawyer would even help me unless I paid $250 an hr becasue there was no potential for big bucks.
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