What is the name of your state?Florida
My husband has been with his current company for over a year 1/2. There are only 4 employees working there. They've all worked together in the past doing the same type of business. They started this company up last year in the beginning of the summer. My husband is the VP of Sales and Design and when this company was started up he signed a contract stating that he would be paid 6% commission on all sales. They did not have to be final. To date.....the president of the company is in debt to him over $20,000 in commissions. He's paid him maybe $1000 through out the beginning of this year.
Now, since this business has started, the president and his new wife (who also works there) have taken 4 vacations, had a lavish wedding and honeymoon and are having a house built for themselves. Once every two months, payroll is late. My husband even had to borrow $9000 from a friend of his to make payroll for the 4 employers.
The week after Hurricane Wilma came thru our town, they were out of work due to no electricity. My husband came home and said that now the owner and his wife have come up with some type of FEMA scam telling him and the other employee that they need to fill out paperwork for a FEMA loan (individual, not as a company) in order to make payroll for this month. He and the other employer refused to do this and miraclously payroll did go thru. The owner promised my husband he would make sure some of his commission would be on his next two checks (he gets paid the 1st and 15th every month) Well, the first has come and gone, and no commission, yet the week after the hurricane the owner and his wife showed up to work in brand new SUV's. The other employee has put in his notice, but my husband is afraid that if he does the same now, the owner will file for bankruptsy and not get paid at all.
I was under the impression with the new bankruptsy laws that employers still had to pay off outstanding debts (Im not sure on this) and would my husbands commission be considered an outstanding debt? How can he get the money he is rightfully owed. We have a baby on the way and are already having to pay out of our pockets in full for maternity care. (My employer doesnt offer ins. and my husbands policy will not cover the expenses)
My husband has been with his current company for over a year 1/2. There are only 4 employees working there. They've all worked together in the past doing the same type of business. They started this company up last year in the beginning of the summer. My husband is the VP of Sales and Design and when this company was started up he signed a contract stating that he would be paid 6% commission on all sales. They did not have to be final. To date.....the president of the company is in debt to him over $20,000 in commissions. He's paid him maybe $1000 through out the beginning of this year.
Now, since this business has started, the president and his new wife (who also works there) have taken 4 vacations, had a lavish wedding and honeymoon and are having a house built for themselves. Once every two months, payroll is late. My husband even had to borrow $9000 from a friend of his to make payroll for the 4 employers.
The week after Hurricane Wilma came thru our town, they were out of work due to no electricity. My husband came home and said that now the owner and his wife have come up with some type of FEMA scam telling him and the other employee that they need to fill out paperwork for a FEMA loan (individual, not as a company) in order to make payroll for this month. He and the other employer refused to do this and miraclously payroll did go thru. The owner promised my husband he would make sure some of his commission would be on his next two checks (he gets paid the 1st and 15th every month) Well, the first has come and gone, and no commission, yet the week after the hurricane the owner and his wife showed up to work in brand new SUV's. The other employee has put in his notice, but my husband is afraid that if he does the same now, the owner will file for bankruptsy and not get paid at all.
I was under the impression with the new bankruptsy laws that employers still had to pay off outstanding debts (Im not sure on this) and would my husbands commission be considered an outstanding debt? How can he get the money he is rightfully owed. We have a baby on the way and are already having to pay out of our pockets in full for maternity care. (My employer doesnt offer ins. and my husbands policy will not cover the expenses)