getrichordietrying

Sales Director

Can they fire me and not pay commission that is already past due?

I am a Sr. Sales director at a B2B lead gen company selling to large tech companies. i negotiated my offer to get a guarantee Q1 attainment despite what I or my team brings in. this is 35k so not a small amount. They have yet to pay me and it's past due. Going back and forth with Head of Sales who is the messenger to CEO and CRO. They have other key strategic initiatives that will take precedent and will pay me as soon as they can. we also had recent layoffs where I had to let go of 60% of my team. I am worried that for the sake of avoiding to pay me they will just let me go. Anyone have any experience on this matter? I am definitely performing but these owners are ruthless and could easily see them cutting me loose to avoid the payment. Any advice to navigate this insane situation is greatly appreciated.

🍾 Commission

☁️ Software Tech

10

19 comments

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poweredbycaffeine

WR Lieutenant

7

☕️

Did you sign a legal document that states the payout amount, the timeline for payout, and stipulations such as employment at the time of payout, etc? If so, you have a case in court to be paid the legally owed monies you negotiated in your offer and compensation plan.

detectivegibbles

Politicker

1

Sales Director

This.

lawyer up and get your money before they don't have it anymore.

RandyLahey

Politicker

5

Account Manager

You can find a bevy of cheap, online legal resources to write a threatening letter.

As PBC said, find any documentation related to that.

CuriousFox

WR Officer

4

🦊

That's exactly what I'd do.

getrichordietrying

Contributor

5

Sales Director

Yup I have a signed contract. Some weird language around dates when it will be paid just states it will follow standard payroll practice. However, Q1 ended at the end of January for me and we’re almost to June. So def past due. Appreciate the insight I will have a legal expert review

FinanceEngineer

Politicker

1

Sr Director, sales and partnerships

You should be covered unless the company goes out of business, then you just wait in line for your payment.

BestCase

Valued Contributor

0

Account Executive

You can file a complaint with your states employment board. They are overdue in paying you for work that was done (and this agreement did not include discretionary bonus or commission -- this was guaranteed.) They will get you your money and possibly penalize your employer. They take wage theft VERY seriously.

Gasty

Notable Contributor

4

War Room Community Manager

lawyerupordiefighting

getrichordietrying

Contributor

2

Sales Director

Apologize for the ignorance. What do you mean a term in the contract regulating this? Is there a bipartisan lawyer included in the offer? Def not…. just me vs the company. Plan on seeking legal advise if I don’t get paid by EOW

Sunbunny31

Politicker

0

Sr Sales Executive 🐰

Nobody here is a lawyer - so I don’t think you’ll get clarification. Good idea to get someone with expertise to review.

Pachacuti

Politicker

2

They call me Daddy, Sales Daddy

Get a lawyer.

CPTAmerica

Opinionated

2

President/CRO

Talk to a lawyer ASAP

Maximas

Tycoon

0

Senior Sales Executive

Do you have a term in your contract regulating this case,if yes great,if not just wait and see whether if they'll pay or not ,if yes fine,if not recommend you to talk to a lawyer!

quotascammedeverytime

Opinionated

0

account executive

Hell yeah they can, and that’s a great reason for them to fire you

getrichordietrying

Contributor

1

Sales Director

Def agree as slimy as it is

Justatitle

Big Shot

0

Account Executive

If it's a legal document they don't have much of a choice and legal action will crush them.

getrichordietrying

Contributor

0

Sales Director

It’s a tough decision. Going legal route will eventually get me paid, but almost certain it would lead to me getting pushed out one way or another. I have a solid salary and finding a new gig sounds terrible in this market. So I’m torn to really push or to wait a bit longer and get it when I get it so I don’t ruffle any feathers and get pushed out. Any thoughts to simplify this situation/decision I am all ears.

BestCase

Valued Contributor

0

Account Executive

They can find another reason to fire you but then you can file a charge against them through the NLRB. Very illegal to fire someone because they made a justified legal claim against you.

Coffeesforclosers

Notable Contributor

0

Director Sales and Market Development

If it is in writing then they will pay you one way or the other. However if they go bankrupt you will get nothing even in legal, or with department of labor. As long as they stay in business then you "should" be able to get that dough if you had it in writing.

Why stay there if you dont like them or trust them? Ask for the money or get a lawyer and have them "ask" but have your backup plan ready if that is the move

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