2 issues

[Kerri92525]

What is the name of your state? Indiana
I worked as a sales person gor a company and left the company and went to work selling the same thing for another company Than I returned to the original company I worked for.
When I returned to my former employer I signed 2 contracts one a typical non-compete agreement and a contract as a sales representative. The in sales agreement the company agreed to pay me 7% of all my sales & an annual gross salary of $ 28,000 per year. The contract began Jan 15 2002. In 2002 Hane with held a total $1900 of my salary because business was bad. I was always paid all my commissions. In 2003 they with held $4400 of my salary and again paid all my commissions. So far in 2004 they have with held $5500 of my salary but paid all my commissions. When they with held money from your salary check they would give you a letter saying that by acceptance of the wage reduction you were given continued employment if you didn’t agree than you would be laid off. Sometimes you were not even given this letter they just with help 40% to 50% of your salary. On July 30th when I received my check & it was again only 50% of my agreed upon salary I told them in writing & verbally that I was not accepting 50% pay any longer and was accepting the lay off and left. I had already sold training that was delivered in July and was due money on that in August. The money owed me on those commissions was a little over $5100.00 and probably another 3 or 4 thousand dollars of commission that I had pre sold for future months. My question to you is how enforceable is the non-compete agreement I signed and what are my chances of collecting any of the commissions & money they with held are there? All together it totals over $ 17,000

 

[JETX]

My question to you is how enforceable is the non-compete agreement I signed

And of course, no one can answer your question without actually reviewing the COMPLETE document.

and what are my chances of collecting any of the commissions & money they with held are there?

And again, without reviewing the EXACT employment agreement and the 'discount' letters, no one can answer that either.

I suggest you contact your local bar association and ask for a low- or no-cost referral to a qualified 'employment' attorney and allow him/her to review your documents and facts and advise what, if any, options are available.

 

[wisdom1]

Just an idea for you

Unfortunately, I have a little experience with the problem of getting blood from a turnip. It my just be impossible to get the back money owed, but you might look into a contingency attorney for assistance.

As far as the non-compete...one thing that I have been successful with, is just asking for relief from it. This works best right when you are leaving, and especially in a lay-off situation. I've simply asked - "since you do not wish to employ me any longer, can you simply formalize relief from the non-compete in writing?" Of course, if their financial situation is dire, then they probably won't be paying attention to you, and, if they did come after you, wouldn't you have a good counter-claim? personally, I think I would just let it go unless you can get an attorney to after them on contingency.

Good luck.