How do I seek compensation for unpaid commission due to manager misconduct if I am still working for the same company but in a different state
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How do I seek compensation for unpaid commission due to manager misconduct if I am still working for the same company but in a different state
I have worked for the same company for a little over a year now, selling cell phones in store for a major cell phone company. The store I was working at was in Colorado springs. I worked at that store up in till my transfer as recent as a 8 -10 days ago. My position remained the same with the company and my job was transferred to a store in Los Angeles , California. Over a couple month time period my manager in Colorado had been falsifying commission records and altering time sheets. I was made aware of this by another manager that was sent to the store while my manger was on a leave of absence for maternity. The manger explained to me that based on records their were several instances of sales I had made with clear evidence it was only myself and the manager in the store yet the commission records reflected another employees name for the credit of sale which is also how our monthly commission is calculated for payment. He also said he found several time sheets that didn’t match time logs turned in to corporate for payment of paychecks. A few discrepancies he found were time logs indicating I was in the store on the sales floor and clocked in but conflicting payment logs where I was deducted for being on multiple extended lunches when I was clearly clocked in working. I don’t know what steps to take or who I go to next. Would it be HR in California since I live here now, again I still work for the company and don’t want to lose my job. I honestly think both the managers involved should be fired, one for the committing the offense and one for finding out and not doing anything with the information . I just want compensation for owed money without losing my job
Asked on September 16, 2019 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
HR or upper management might help you, but are not required to: the company does not have to look into this and does not have to take action to correct the situation. It would be voluntary for them to addess the situation. You can certainly ask for help, but cannot guaranty you will get it.
The only way to guaranty you get the money would be to sue for it and prove (e.g. by credible testimony of yourself and others; by time sheets and other documentation) that you were not paid what you should have been paid; if you prove this in court "by a preponderance of the evidence" (or that it is "more likely than not" that you are right), a court can order you payment. You could either sue the employer, for not paying you correctly; sue the manager, for essentially stealing from you; or sue both. This could obviously affect your relationship with your employer if you sue or implicate them, rather than suing only the manager who did this to you. If you sue the employer, you can likely sue in CA, since they have a presence there; but you'd most likely have to sue the manager in CO, where he did these things and (presumably) is located.
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