what is my recourse,if my ex boss is withholding my commissions for personal reasons
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what is my recourse,if my ex boss is withholding my commissions for personal reasons
i have worked at a mom and pop company for 20 years, as a sales rep, my
duties and responsibilities increased significantly over the years, with no salary
increase. My commissions were my main income. I decided to step down from
my added/unpaid office duties and become an independent sales representative.
Obviously the owner became mad, because my presence and free services in
the office will be missed. but i have continued to sell, as I have a 20 year book of
business, and the owner refuses to send copies of my weekly invoices,so i can
price properly, and is withholding my commissions, until i sign a no compete
contract . Is this legal, what is my nest step
Asked on September 10, 2017 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You sue for your money. You sue based on two reasons:
1) Breach of contract, or violating the agreement (even if only an oral or unwritten one) pursuant to which you sold for them in exchange for commissions. If you did your part (made sales), they are contractually obligated to do their part (pay the commissions).
2) "Unjust enrichment": when person (or business) A knows that person B's services are not free but nonetheless lets B provide them, A is not allowed to be "unjustly enriched" by getting for-compensation or -pay services for free, without paying for them. They knew you were selling in exchange for commissions; they cannot take the benefit of your efforts (the sales) without paying you what they knew you should be paid.
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