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Getting Paid Commissions Per Company Plan If I Leave

  • Thread starter Thread starter bigbrowndog
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bigbrowndog

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What is the name of your state?COLORADO/TEXAS :confused: :

I am a regional sales rep in Colorado for a Texas software firm. Here is my dilemna:

My employer has not paid me for a deal I closed in September. I plan on leaving the company for another job soon, but I would like to be paid the commission on this deal (over $20K) before I leave. Right now, the CEO won't say exactly when he will pay the commission, but the plan is simple and clear. The commission plan consists of a spreadsheet and few footnotes. The footnotes to the spreadsheet say the following:

1) Contract Bookings commission is paid monthly on deals closed and or invoiced the month before.
2) Commission is paid on 100% of the committed booking. The software portion of the deal will be paid 50% - 30 days from Signing and 50% paid 30 days from the Invoice date on the next closest scheduled pay period.
3) Company reserves the right to change this compensation plan at any time it deems necessary to insure it is providing the necessary incentive to accomplish Company's goals.
4)If for any reason the customer does not pay then all commissions paid will be charged back to the individual Regional Sales Manager.

This deal was closed in September and it is now November. Payment by the customer for the software license is contingent on customer acceptance, which appears will happen soon. Our CEO will not honor the plan as written as the company will not be paid until the pilot is accepted and the customer pays.

1) Can I demand payment per the plan if and when I leave?
2) If I leave, will I have any recourse for payment or do I have to stay until the commission is paid? The plan does not say I have to be employed when I receive my commissions.
3) I am a remote sales person living in CO and my employer is in TX. If I need to file a claim, do I do so in TX or CO? My phone number is listed on the company web site, so I could also be considered a company office in CO?
4) If I leave, will I receive the full commission, or just the 50%? The second 50% is based on the invoicing date, but the agreement states the customer will make payment once they accept the pilot (no invoice needed).

Any help is appreciated.

Thanks!!
 



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