Unfair Verbal Threatening Employer with Rediculous Request

Status
Not open for further replies.

a808y

New Member
Hi All.
I get compensated by base salary plus commission. November, 2008 I have reminded my boss to clarify the commission calculation and ask him to make it payable with the December paycheck. I have also reminded him every other week in January and February. The excuses I got was for accounting verification, or needs to be clarified by Taiwan brand CEO etc. I have started looking for other oppotunity

After an incident that he accused me for not completing a task, which in fact I gave him daily update and he over looked his email or he only looked at the first one. I had given up and submitted my official written, signed and dated resignation letter to my employer by email as well as post mail on Feb19, 2009 and stating March 4th as my last day. On the night of receiving my email, my ex-boss called and try to offer extra bonus, I response with "I'll think about it"

The week after I submitted resignation, I got my commission.
On the 4th, I send him another email reminding him that it will be my official last day and that I will make myself available for the transition. That night I got his call again, started with understanding tone to threatening tone. He claimed that he would use all of his resources to destroy me. He also asked who my future employer is. My ex-boss accused me for plotting the resignation and knowing that I will leave the company and let him arrange business engagement such as a trip to Mexico. The trip was never confirmed nor did I agree to go. At the end of the night, he calmed down a little

I have been replying emails and phone calls when the company needed my help. However, my boss requested that I repay him my commission. He claimed that it would make him look bad because I took the commission and left. In a meeting after my departure, he mentioned that I should help out and he would pay me $1000 a month but deduct that from the $9k commission paid to me. I said I would help the transition and can be available 8 to 10 on weekdays and sometime on the weekend.

First issue is that I still have not receive my March1st to March4th pay. Second I think he is asking me to work for him for free for 9 months basically and he treat my 2008 comission as I owe him.

It has come to a point that I feel ridiculous. Yet I still think for the company and provide training for his sales and provide consulting services to his distributor. He is always away for other businesses. All he does is forward me request from distributor and ask me to do all the work. I feel like I am not only helping the transition but am working his job.

Am I entitle to the commission and 4 days pay for March 2009? Am I responsible to help out? Should I return the company laptop if I don't get my pay check? How can I legally discontinue all association with this ex-boss?

Any advice would help.
 
Am I entitle to the commission and 4 days pay for March 2009?
You are entitled to receive pay for all time worked. You would be entitled to the commission only if you have this spelled out in an employee contract.

Am I responsible to help out?
No, you resigned.

Should I return the company laptop if I don't get my pay check?
Yes, it is their property. You may not hold the laptop as "ransom".

How can I legally discontinue all association with this ex-boss?
You resigned. That is enough. You have NO obligation to the boss or company.

From what you have said in your post, I personally would suggest no further communications with this individual and cut all association with the company.
 
My answers are assuming you did NOT have a written employee contract or similar legal working arrangement.
 
I do not have any employment agreement with this company. I have already collected my comission with a pay stub stating comission authorized by my exboss. I am just not sure if i am legally entitle to it. Am I not entitle to it even with all his verbal promises?

How would I go about to collect the 4 day pay?
 
Best thing to do in this situation is to contact your state's Labor Law Compliance office within the Department of Labor & Industry and let them handle it from here on out. Since you severed the employer-employee relationship, you are under no further obligations to them and should let either the LLC Bureau handle it, or obtain counsel.
 
Am I not entitle to it even with all his verbal promises?
How would I go about to collect the 4 day pay?
Yes most contracts are oral, you would file in small claims.
 
Status
Not open for further replies.
Back
Top