Considering suing for unpaid commissions - is it worth it?

Hi Everyone, 

Basically what happened is that on my job offer / contract of employment it lays out my commission plan. It clearly states that I was to be paid 25% on all deals closed within 120 days time. The second month of my employment I helped them close a deal that they had been trying to close for a while and I was able to help them get the job done - was legitimately involved in the process. CRO stated that I would be paid out the 25% on that specific deal verbally. then when it came time to pay out a month later (I closed within the 120 day time period) he came back and said that they would only pay me out 10% on the deal. said it was because they sourced it and didn't even have to share me on the deal but did it out of "good faith". me being new I didn't want to fight it too much so I was like okay I have others coming whatever. I no longer work there. they are based out of New York. I worked out of Florida remotely. The amount owed would be over 40k. has anyone successfully sued their past employer (a startup) for unpaid commissions? I just want to know if it's worth my time to pursue or if all the money will just be eaten up by legal fees. already have some consultations scheduled with lawyers but I wanted to reach out to my fellow sales brethren to see what the community thinks. 
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16
braintank
Politicker
8
Enterprise Account Executive
Unless you have proof that they broke their contract it's gonna be a hard road.
pman45
Executive
2
Enterprise Account Executive
Thank you! The contract is pretty straight forward on the percentages to be paid out and timelines. It’s very short. I also do have proof of the total contract value and what I was paid for it.
CadenceCombat
Tycoon
0
Account Executive
Agreed
SaaSam
Politicker
8
Account Executive
Anytime you are considering suing for lost wages. Ask yourself if you'd be happy with 60% of what is owed after a potentially long drawn out process. If yes, you should sue. If not, find another path. Lawyers will typically end up with 40% of whatever settlement or ruling you get.
ChumpChange
Politicker
2
Channel Manager
^ THIS! Is it worth the time and frustration to only get a portion of what you're owed? I
antiASKHOLE
Tycoon
4
Bravado's Resident Asshole
I have seen a post about this before with some really good insight on the topic. I am sorry for your unfortunate circumstance.

https://bravado.co/war-room/posts/suing-for-owed-commission

Here is the post.
pman45
Executive
0
Enterprise Account Executive
Super helpful!! Thank you! It’ll be okay either way I just don’t like being ripped off. I am happily at another company :).
TennisandSales
Politicker
3
Head Of Sales
yeahhh a number of people have asked about doing this.
When you are relying on what the CRO said VERBALLY it might get hard to prove.

You really need to make sure that they are CLEARLY in breach of contract, and how much legal help will cost.
pman45
Executive
1
Enterprise Account Executive
Big facts. Thanks!
braintank
Politicker
1
Enterprise Account Executive
Yeah I think the verbal stuff here is what makes it tough
punishedlad
Tycoon
2
Business Development Team Lead
Unfortunately, it would be your word against theirs. Really hard for something like that to come out in your favor in the courts. Also need to account for legal fees.
activity
Politicker
1
VP, Business Development
@pman45 a lot of times it’s not worth the headache. Depends on how much they owe you though.
Justatitle
Big Shot
1
Account Executive
If you have proof 100% you should sue and a lawyer would love this case.
CuriousFox
WR Officer
0
🦊
Only you can answer that bb.
Pachacuti
Politicker
0
They call me Daddy, Sales Daddy
What if the dude lies and says he never said they'd give you 25%?

That said, I don't there's an employment attorney out there who'd go for just $40k. Sorry, but I don't think you have a case.
pman45
Executive
0
Enterprise Account Executive
It’s not just what he said. It clearly states in the job offer that ALL commissions closed within 120 day period will be compensated at 25%
ZVRK
Politicker
0
Enterprise Account Executive
Most of the commission "deals" are verbal or through some internal presentation/communication etc (at least my experience), so I`d say super difficult to prove any of that..
sales4lyf
Politicker
0
Business Development Manager
It sounds like it would be hard to prove and they have a pretty good defence with the fact that it wasn't originally your deal. I know it's a shitty situation but you're out of there now I don't think chasing this money would be worth it in the end
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