Told I was not receiving commission from last 60 days.

I work at a small company. About $12M. I joined 2 months ago after being promised a base salary + a commission. However, the commission structure had not been created yet and it was known to be in the works (it still has not been deployed). 
I asked my CEO if I could expect to receive the past 2 month's commission in one of the next three paychecks hoping to define a timeline. They replied saying "there's been a miscommunication. Commission structure starts when commission plan is unveiled to the group
First 60 days have been training wheels"

When I read this my stomach dropped. Working my arse off the last 2 months closing $200k in revenue, staying late. I feel betrayed and quite frankly the victim of a con. I never thought to define a start date of commission because 100% of the time commission starts day one of selling. 

Am I the dumb one here? Should I have defined a start date for commission? I've never been in this situation before. Please help. 
🧠 Advice
🍾 Commission
💰 Compensation
39
CadenceCombat
Tycoon
21
Account Executive
Burn the place to the ground.
They did not omit this info in error. They are acting in bad faith and taking advantage of you.
Pachacuti
Politicker
2
They call me Daddy, Sales Daddy
I wouldn't burn it down... yet.
pirate
Big Shot
3
🦜☠️ Account Executive
Meaning gather the troops and we can all burn it down together? 🔥🥺
Sunbunny31
Politicker
2
Sr Sales Executive 🐰
Right up the alley of a pirate!
Filth
Politicker
4
Live Filthy or Die Clean
I'm pro arson fyi.
oldcloser
Arsonist
13
💀
Abort mission with extreme prejudice. First, threaten to fry them on all channels. Then, if no remedy, fry them on all channels. You familiar with TARP? The Average Reasonable Person standard of law. Get a lawyer. This is beyond shady. This is criminal.
saaskicker
Celebrated Contributor
11
Enterprise AE
Ask your CEO who the best person to intro your employment lawyer to at the company and see if they change the tune.
antiASKHOLE
Tycoon
6
Bravado's Resident Asshole
lmao, a simple and subtle intro. You are on a roll my guy.
saaskicker
Celebrated Contributor
6
Enterprise AE
woke up today feeling spicy. also watched a ton of video of traeger grills on youtube last night so need to drop some fkn knowledge.
CuriousFox
WR Officer
0
🦊
Traegers are bae 🥂
DataCorrupter
Politicker
8
Account Executive
That's probably not legal.

Consider talking to a lawyer and check out your potential options.
SoccerandSales
Big Shot
7
Account Executive
Was there anything in writing about the commission aspect in your offer? Seems like this could be one of those horror stories that helps the next person out but screws you over
Salesbunny7
Catalyst
4
Account Manager
We had in writing that we would create the commission structure together. Nothing about it starting after 60 days of “training wheels”
CRAG112
Valued Contributor
6
Account Executive
That's the definition of a contract right there. Get legal aid and advice ASAP.
BmajoR
Arsonist
7
Account Executive
I strongly recommend seeking legal advice. If you have anything in writing as you've mentioned, bring that all, and explore your options. Then, sue the shit out of them and find a different place.
Salesbunny7
Catalyst
3
Account Manager
I mean honestly I could only sue for lost wages so I’m not sure if it’s worth it.
BmajoR
Arsonist
2
Account Executive
Where are you located? Some states have penalties that can be added on beyond lost wages.
Sunbunny31
Politicker
5
Sr Sales Executive 🐰
Where are you located? US, or?
Based on "arse" I'm thinking UK, but let me know.
"There's been a miscommunication" is weak sauce. Are you the first rep they've had? Are you the only rep they have right now? How have things been in the past?
Salesbunny7
Catalyst
3
Account Manager
I’m in us lol. Me and one other rep (he’s been here 6 years). He has never received compensation for his sales while he’s been in a sales role under this newer CEO.
braintank
Politicker
6
Enterprise Account Executive
Run
Sunbunny31
Politicker
7
Sr Sales Executive 🐰
You were promised commission and not given a plan, but also were not told there would be exceptions, only that they were working on the plan.
If I was you, I'd be looking for a new role and talking to an employment lawyer about this to see if you have any recourse here. Your chances are better if you have any of this in writing.
RckChlkG33k
Big Shot
0
AE (Account Executive)
I think that's your answer. I'd find a lawyer to write a threatening letter and see if you can get the commissions you're owed, but I wouldn't plan on it being any better given the track record.

GTFO
Pachacuti
Politicker
4
They call me Daddy, Sales Daddy
Sounds like you've been working for free. $200k in 2 months is outstanding - especially being new to the company.
I can understand there not being a comp plan in place immediately but to tell you you're SOL is really bad.
I would start by taking the high road. Set a meeting with the CEO and bring a proposed comp plan - something simple like 10-20% (or whatever) and see where that goes.
If the conversation doesn't go anywhere, then stop closing business. Sandbag orders till you guys come together on the comp plan. If he's not going to pay you on what you sell, don't sell.
Salesbunny7
Catalyst
1
Account Manager
After checking it is actually $334k in 2 months. I am definitely not going to be closing anymore business but I did speak with the CEO it today and he proposed a pitiful Commission structure and I told him this is unacceptable so I’m going to take the document and tailor it to what I see fit and bring it back to him.
pirate
Big Shot
0
🦜☠️ Account Executive
Get whatever you deserve and get out of there.
pirate
Big Shot
3
🦜☠️ Account Executive
Ufff sounds awful.What does your contract state? Any email communications or anything in written about base and commission?
Salesbunny7
Catalyst
4
Account Manager
“X base + commissions” no tire frame, no verbage about first 60 days I’ll be selling with 0 compensation. Isn’t it implied when you join a company and you begin selling you’ll get commission for product you sell…? Even if the commission structure is not created yet. I was expecting back pay.
braintank
Politicker
3
Enterprise Account Executive
How much $$$ we talking about?
pirate
Big Shot
1
🦜☠️ Account Executive
Yes it is implied. Jesus that's just a horrible situation.
Just brainstorming:

Can you look into getting external help? Lawyer up or anything?
It could be that you'd get a big check at the end of the year. However if there's no plan in place... That's mad. Anything you could get in written that you'll get commission for all the deals you closed?
Can you ask the CEO again? HR? Sales Ops? Everyone?
Salesbunny7
Catalyst
2
Account Manager
I asked him if he spoke with anyone about this “no back pay” and he said yes and I asked “…they thought this was ok?” He said “yes.” Apparently it’s a guy who spoke at a conference who my colleague told me “told the crowd to not pay AMs anything”
pirate
Big Shot
2
🦜☠️ Account Executive
Yeah pathetic. Start interviewing as well. You'll be snatched away shortly with those numbers
lowhangersalesbanger
Executive
3
Director of Sales
sounds like you are owed some money and like you should find a new job. Don't work for people who don't pay you.
Diablo
Politicker
2
Sr. AE
Chuck it, looks like the plan will never come live. There has to be ways until this gets fixed. Have you and the other rep ever asked for more base that can cover you up or come with a bench mark fixed amount until this is done?
jefe
Arsonist
2
🍁
Shady AF, probably not legal.
I don't think this is someone you want to work for.
CPTAmerica
Opinionated
2
President/CRO
How did they get to $12M without a comp plan?? Who closed all those deal?
Salesbunny7
Catalyst
0
Account Manager
The founder while he built the company to $12M
CPTAmerica
Opinionated
0
President/CRO
wow that's wild.
Consider it a lesson learned, gotta get those things in writing. Even just an email stating what you will be paid and when would be helpful.
Salesbunny7
Catalyst
2
Account Manager
Agreed. Although it’s never been a question that I’d sell something and not be compensated 😂
Sunbunny31
Politicker
1
Sr Sales Executive 🐰
It was never a question for you, but your CEO had other ideas. Glad you're going after this.
Maximas
Tycoon
2
Senior Sales Executive
Totally their mistake not to make things clear right from the start that you shouldn't absolutely pay for it!I would either escalate to a lawyer or let their ship drown till they approach a different stance to appreciate the 200k you managed to get em in less that 60 days!
Salesbunny7
Catalyst
3
Account Manager
I was researching and there’s a law about companies needing to give clear commission structures in writing punishable by law… https://ffslaw.com/articles/employee-commission-agreements-must-be-in-writing-starting-january-2013/
jbusiness
Catalyst
2
Sales Manager
The challenge to me seems that the “plan” can wind up being commission = $1/deal or something stupid like that.
Ultimately, the only sensible answer here is to find a new gig.
If they are restricting your first commissions, just wait until you close a deal that makes serious money.
Find a new gig. Politely say, you aren’t in this role for a commission structure that is unclear. Wish them the best and move along.
“Burning anything down” might make you feel good for 10 minutes, but could also come back to haunt you down the line.
Life is long. Make good choices.
CuriousFox
WR Officer
2
🦊
💯
Fenderbaum
Politicker
1
Retired Choirboy🪕
.
Justatitle
Big Shot
0
Account Executive
I think you go to them and present that you have sold 200k for the org. that is roughly 2% of the orgs revenue if their current Recurring rev is 12 mil. in a short time you have exponentially increases the value of the org and to not get paid commission is morally wrong, you didn't drag your feet on selling they dragged their feet on how to pay you. and of course legal counsel is always an option
detectivegibbles
Politicker
0
Sales Director
Have you quit this shady ass company yet?
Joel23
Good Citizen
0
Community Manager
damn that's disrecpectul
oneoffsales
Personal Narrative
0
Senior Account Executive
Pure evil
salesgirly
Contributor
0
Regional Sales Manager
If a company shows you who they are from the beginning. Trust your gut and move on to the next. They won’t get better and things will keep happening like this.
EZ4TZ
0
Executive Sales
Definitely consult an attorney and see what your options are. Bring all the ammo you have as far as contracts, promises, and sales YTD.

Should give you some good framework for your next move.
0
Director of sales
Was the % commission was in your contract? If not why not?
Salesbunny7
Catalyst
0
Account Manager
No, bc we were going to work on a plan together (me n CEO)
0
Director of sales
Oh okay I wouldn’t have done that…but since you are already there. Set some time to get it sorted out within the company ASAP if you get some push back you will know who you dealing with. It’s not okay
0
Director of sales
What do you sell?
Salesbunny7
Catalyst
0
Account Manager
Msp
0
Business Development Manager
I learned this the hard way. Promised bonuses at a certain percentage or guaranteed annual raises. Of course none of it in writing. If it isn’t in the contract you don’t have much ammo.
ThatNewAE
Big Shot
0
Account Executive - Mid enterprise
Sue them. What happened next ? Updatesss.
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