Looking for advice - sizable commissions being withheld?

Hello friends! Long time listener, first time caller.


So I worked all of last year to finally close what ended up being the biggest deal in our mid-market segment. Needless to say, the commission on this deal is sizable and very impactful for me personally. The company I worked for pays commissions upon receipt of funds rather than bookings, and given a great deal of confusion on how the customer wanted to pay and how my company wanted to invoice them, this dragged on for months. I ended up leaving the company in March and the customer finally paid in June, which luckily fit into the 90-day window in which my previous company stipulated to paying out commissions after an employee left the company.


I have had to use my former manager (who is a great guy) as a middleman throughout this entire saga to try to figure out what the hell is going on and when I'll be paid. He finally was able to confirm in July that the customer payment was marked in June and that I would be paid by the end of August at the latest. I never received that payment, and my direct communication with the commissions team has been met with terse non-answers and, most recently, no response at all.


I'm curious what my recourse is here. I have looped in the Commission team's leadership as well as the sales leadership with no response thus far. I expect the sales leadership to try to help out as we parted on fantastic terms and they worked on this deal as well. With that said, this has been going on way too fucking long and I'm ready to go nuclear here.


For context, this is a massive company. I typed out the note below which I haven't sent yet as A) I want to give it a bit more time to see what the folks I've looped in can do and B) I wanted to get your thoughts on whether this will get them to care or what other options for recourse I have:


"Additionally, if this is not resolved by the end of September, I will compile all relevant information to submit a formal complaint to the US Department of Labor's Wage and Hour Board. I will also explore avenues through which to share to my extensive network and beyond (LinkedIn, Glassdoor, Bravado, etc. - you know how things tend to go viral these days) that [COMPANY] finds it appropriate to avoid paying its reps who have made Presidents Club twice and generated millions of dollars in revenue for the company the commission that they earned, which in this case represents an extremely significant amount of money for the individual but equates to a tiny fraction of a rounding error for a company who pulled in $[X.X]bn in profits in 2020. Can't imagine that would bode well for the company in a competitive labor market and a field that with a pretty tight-knit community."


Wise and experienced comrades: what are your thoughts?

💰 Compensation
20
CaneWolf
Politicker
13
Call me what you want, just sign the damn contract
We seriously, seriously need a "don't work here" list.
UrAssIsSaaS
Arsonist
6
SaaS Eater
based on the way most people talk about their current employers we would knock out about 90% of the potential jobs out there. 
CaneWolf
Politicker
6
Call me what you want, just sign the damn contract
Doesn't that sound about right though?
UrAssIsSaaS
Arsonist
2
SaaS Eater
The naive side of my wants to think that more than 10% of companies out there take care of their employees at least decently.
CaneWolf
Politicker
1
Call me what you want, just sign the damn contract
I'm 1/5-7 depending on how you count it..so 10% doesn't seem way off
UrAssIsSaaS
Arsonist
2
SaaS Eater
touché
dwightyouignorantsale
Politicker
0
Account Executive
Surprised this doesn’t exist already, but this needs to.
Jewcan_Sam81
Politicker
0
Account Executive
Yeah, completely agree
UrAssIsSaaS
Arsonist
12
SaaS Eater
Man this fucking sucks, feel for you. I personally hate the blackmail threat. I would stick to the threat of legal recourse if there is no action on their end. It keeps things  cleaner and less emotional than threatening with blackmail and slinging mud. Thats just going to piss them off and probably prompt them to dig their heels in and continue dragging things out. 
CaneWolf
Politicker
2
Call me what you want, just sign the damn contract
Agreed on all of this. The first part of your approach is similar to what I did and it (eventually) worked. I would take out the threat of going public and add that you will also contact the state's board.And definitely add that counsel is your next step after labor boards.
sulax5
Contributor
1
Enterprise Account Executive
Appreciate it and that's a solid point. Hard not to let emotion interfere here but you're right.
UrAssIsSaaS
Arsonist
4
SaaS Eater
No worries! I know emotions can run hot here so a third party perspective can always be helpful. Its prevented me from doing dumb shit in the past! 
InQ5WeTrust
Arsonist
4
No marketing, mayo isn't an MQL
First of this mega sucks. 

Do you have this 90-day stipulation in writing? 
sulax5
Contributor
2
Enterprise Account Executive
Appreciate the empathy. I believe I've got it somewhere, but if I don't I luckily have a bunch of ways to get it.
InQ5WeTrust
Arsonist
4
No marketing, mayo isn't an MQL
Any written communications/comp plans you can source will help your case, so I'd definitely recommend trying to source that. 

Can't give much more help on the above given my limited experience with that. 

Sure @poweredbycaffeine and @GrizzleMcThornBody have some good thoughts. 
hh456
Celebrated Contributor
3
sales
Hi @sulax5 

1 - Get a lawyer, they'll work on commission if your commission check is large enough to make it worth their time.
2 - They'll have a document dump which you'll have to comb through to find internal communications to halt your commission payment.
3 - You'll likely be asked to go into binding mediation, agree to it if you can get an out or there is a timespan in which you can move it to binding arbitration. Mediation is to make a deal. Just know what you're getting into there. If you are okay with some, but not all, mediation may be a final step.
4 - If there's no progress there and they're taking forever to provide information or schedule dates for mediation, file for arbitration. They can run concurrently. Arbitration is binding but also enforceable by law. Mediation someone can jerk off and then you have to sue them again. Arbitration you can take an offense or breach of contract right to the courts to have an arrest or injunction made against the offender. But run both concurrently if mediation is going nowhere. Write a list of everything you want. Mediation was the chance to make a deal, arbitration is where you get your wish list and then negotiate down. But start high. Ask for control of the company essentially.
5 - I wouldn't disparage your company publicly. They could say they haven't paid you YET and then they're gonna take the monetary costs out of your public disparagement because it cost them X amount business or some bullshit. Save that for when you lose mediation and arbitration and take it to AOC to lobby your case.

Hope that helps. I love you.
sulax5
Contributor
2
Enterprise Account Executive
Oh my - this is more helpful than I could have imagined. Sincerely appreciate you taking the time to think and write out this response. Believe it when I say I love you too @GrizzleMcThornBody 

And thank you @InQ5WeTrustfor looping this fantastic resource in!
sulax5
Contributor
1
Enterprise Account Executive
@GrizzleMcThornBody one last question - would you suggest that (as one last attempt to light a fire under their ass and get this resolved) I indicate that my next step will be legal recourse, or do you think I should just go ahead and engage a lawyer?
hh456
Celebrated Contributor
2
sales
yw, i work for 6.9% (nice)
hh456
Celebrated Contributor
2
sales
engage a lawyer. if they have no intention of paying you, get to it.
WomenWantMeFishFearMe
Politicker
4
AM
Consult a labor attorney in your area
FeedTheKids
Politicker
4
Solutions Consultant
This sucks - don't make any threats. Kill them with kindness, then tag in a lawyer to play hardball. 
Money
Executive
2
Head of Sales
What a load of crap, feel for you. 

In short, sounds like you're doing everything correctly: documenting everything, giving them a reasonable opportunity to pay, etc.

If they don't pay you, legal recourse is the only route. Yes, this will cost you money up front. However, could be as little as a consultation and letter writing cost from the lawyer ($500-1000 likely depending on the lawyer).

I'd recommend against preparing and sending a letter yourself, especially anything that includes a threat. That may cause them to engage their legal team who will absolutely understand the law better than you. If lawyers are to be involved, you want the first legal action to be taken by council on your side.
sulax5
Contributor
1
Enterprise Account Executive
Appreciate it - this makes sense, and good call out around their legal team being way more equipped than me.
Diablo
Politicker
2
Sr. AE
Hey @sulax5 feel you. This is a ton of crap man.
Justatitle
Big Shot
2
Account Executive
Man, I feel for you on this. You’ve already gone all the appropriate avenues and the last option would be a labor lawyer. Problem is lawyers are expensive. If you don’t get a response by end of September you may have to go that route. 
justatopproducer
Politicker
1
VP OF SALES -US
Sorry to hear about this friend.. I can tell you I’ve been here before and never recieved the commission. I suggest contacting a lawyer to see what options you have immediately. The longer you wait the more time you give them.
sulax5
Contributor
0
Enterprise Account Executive
Appreciate it and good to know. I'm sorry to hear that you never received the commission, that's so frustrating. Did you go the legal route? Anything you would've done differently?
justatopproducer
Politicker
1
VP OF SALES -US
I didn’t go the legal route. It was my first sales position and I wanted or thought I needed the positive recommendations and strong references. After the fact I did more research on what I should have done.
LordBusiness
Politicker
1
Chief Revenue Officer
Crappy situation, I’d follow up weekly until you get a response. If nothing by end of September, send a more serious note, but maybe with a tad less passive aggressive vibe. Overall key points were solid though. Good luck!
DataSlangah
Politicker
1
SAE
Depending on the state you live in, it is illegal to not pay you commisions earned. For instance, in IL you are entitled to treble (triple bc law uses weird terminology) damages if your employer willfully witholds your earned commision. Might be worth talking to a lawyer. They typically work on commission, but will give you an idea if you have a case.
Do.it.for.the.checks
Politicker
1
Account Executive
Talk to an attorney. Depending on the commission id go flat rate. A letter might be enough to get them to pay (attorney fees can be added to the settlement if it has to go that far, so they may just pay up and it'll cost minimal amount)
whathaveyousoldtomorrow
Opinionated
1
sales
The threat email is an emotional reaction and only reflects poorly on you. My two cents. 


I feel you. I HAVE BEEN THERE. >100k commission check with 'finance review required' etc etc etc - 6 months until I got paid out. I hounded everyone with professional emails and eventually it came my way. Document diligently and keep your cool. 
CuriousFox
WR Officer
0
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