Fired form job

[dallas]

I was recently fired from a sales job. The company has paid me my salary. However, they have not paid for expenses accrued since October nor have they paid commissions due
since September. Currently, the company is doing poorly and they have cancelled benefits to employers and are not meeting payroll. What are my best options in getting back what they owe me?

 

[Attorney_Replogle]

In my opinion your best option is to complain to the Labor Dept. of your state. At least here in CA where I practice, it is their responsibility to handle such complaints as you have. No matter how poorly a company is doing, they can't legally not pay the employees on time. So if necessary the Labor Dept. will take the assets of the company and sell them in order to meet the payroll of the employees.

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Mark B. Replogle

 

[dallas]

Thank you for your response. Unfortunately, in my case they are only withholding expenses and commissions which are not treated the same as salary as I understand it - meaning under these circumstances they do not have to pay me in a timely manner. My fear is if I go through legal means and force them into selling assets to cover my concerns and thus others it will force them into bankruptcy which results in myself only recieving a portion of what's due if any and would take even longer to recover?

 

[Attorney_Replogle]

Commissions is merely one form of payment of an employee versus a salary or an hourly wage. They are all forms of compensation which have had to of been paid to you the day of your termination. Your state laws may also require the former employer to continue paying your salary for a month after the termination. Even if the company went into bankruptcy and had no assets sufficient to pay the employees wages, the owners of the company would be personally liable.

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Mark B. Replogle