As a sales guy if I get fired can I still get my commissions?

[General of Darkness]

Basic overview.

I'm the top sales guy in my company, and I'll do over 4 million in NEW sales which is 200% over my quota this year.

The problem is that my boss is riding me like a 20 year old donkey at a Tijuana circus. He's creating a hostile environment to the point that I'm reacting, and I sent him an email to the affect asking him if he wanted me to quit.

My question is, I live in CA, and this is a no fault state, but I've got 6 figures in commission on the line. Do I have any recourse?

[Hugginator]

Sounds like my boss, jealous. He probably wants to get rid of you so he can claim your commision. I'm not familiar with CA law, but it sounds like your gonna take it in the shorts, based on every other legal decision that come from the land of fruit and nuts.

[chad]

from my hr director wife: "the language as to what will happen in such a situation should/will be spelled out in your sales compensation plan that you signed upon hiring OR that is/was the operating company sales agreement/compensation plan that was in effect at the time of your hire date contingent upon job acceptance."

my wife is a lot smarter than i.

[TheNocturnalEgyptian]

I don't know the answer to the question, but I am surprised to see that your quota is roughly $2,000,000/year based on the figures you gave.

I would dig out the employment contract as there is no way it is not defined there. I would also swallow my pride and collect those six figures ASAP, then figure out if you want to leave in the future.

[Fortyone]

Basic overview.

I'm the top sales guy in my company, and I'll do over 4 million in NEW sales which is 200% over my quota this year.

The problem is that my boss is riding me like a 20 year old donkey at a Tijuana circus. He's creating a hostile environment to the point that I'm reacting, and I sent him an email to the affect asking him if he wanted me to quit.

My question is, I live in CA, and this is a no fault state, but I've got 6 figures in commission on the line. Do I have any recourse?


depends on a couple things, first, What type of sales are you in? If its Real Estate in CA, you sold a couple homes and that Isnt much work involved as if its bubblegum,thats a hell of a lot of gum! This is something a judge would at at a hearing. Your contract should spell out guarantees and penalties.You only asked the boss IF you should quit, not actually quit.So they cant hold you to it.

[ShortJohnSilver]

Don't send him an email. Send him a letter, certified mail, to his office. In the letter, which you should draft with the help of a lawyer (1-2 hours tops) explain that he is creating a hostile work environment, etc.

The purpose is twofold - put him on notice he needs to change his behavior and also, to start creating a paper trail that you can later on use as leverage if they try to screw you.

[General of Darkness]

Don't send him an email. Send him a letter, certified mail, to his office. In the letter, which you should draft with the help of a lawyer (1-2 hours tops) explain that he is creating a hostile work environment, etc.

The purpose is twofold - put him on notice he needs to change his behavior and also, to start creating a paper trail that you can later on use as leverage if they try to screw you.


I think that will take it over the top. All I want is to be left THE FUCK ALONE, let me do my job, keep 40 of my peers employed, I get commission and he can take credit for everything I've done.

[BabushkaLady]

General; Never Quit when you're being harassed---Always make them fire you.

You can take his BS and continue making money. I would start documenting your future UE case now, if that's where you think this is going.

Better yet, I'd take your Sales Record and find a Better place to work.

Good Luck.

[MNeagle]

Do not quit. If you quit, you have no chance of unemployment I believe. I do not know as far as comissions are concerned. As mentioned, review your contract.

[Rebel Yarr]

Yes, if it is in your terms/contract or you have proof of commissions paid from previous checks and documentation of expected commissions. I left a job once with commissions unpaid - lost them as the terms were not in writing...

As for the hostile workplace stuff - just document everything - don't send him anything with those kinds of employment law terms. As a sales guy you should be able to put on the right face and have the conversation with him exchanging views and be able to come to some sort of agreement. If you can't come to an understanding, start looking for another employer.

Hostile workplace claims aren't worth the grief involved.

I do have some experience working with the CA employment entity that applies pressure on emplyeers who have failed to pay employees - they were pretty freaking swift back in '95.

[cedarchopper]

This is the time to lock in the Iron Will. Do not budge, do not antagonize, do not let him see you squirm, give him no indication that he is getting to you.

This too will pass, and don't let somebody take what you have earned by default.

[k-os]

I have no idea if these examples had these conditions outlined in their contracts, or if it was state regulated or what. Just pitching in with personal anecdotal experience.

I worked at a telephone systems company in Florida in the early 90's and when the sales staff quit, they received their commissions up to a year after they left. Their commission was structured based on length of term of customer sales contract.

An ex-boyfriend who was in commercial real estate sales in the early 00's quit his job and received commissions for many months (perhaps years) after he left.

Don't quit. Make them fire you if it comes to that. Document every single little thing that you feel constitutes a hostile work environment with dates, times, names, witnesses. You will be glad that you did.

[Ponce]

With that high of a commission you should afford to ask an attorney.....better sure than sorry.

[Phoenix]

Don't quit. Make them fire you if it comes to that. Document every single little thing that you feel constitutes a hostile work environment with dates, times, names, witnesses. You will be glad that you did.


QFT

Especially note your awesome success there, and pair it off with your "ethnic" background.

[Spectrism]

In my job, if I quit, get fired, get layed off, or die... I lose the hold-back commission which is only paid at the end of the year (actually in Feb). I have to be employed at the end of the year to recover the hold-back. Them's the rules.

Check your rules.

Now if you are being played, document everything. You need to be able to communicate well with your boss. If that is not happening, you are already in trouble. I would try to set things right with the first-line boss. If that fails and it appears that he is not following company policy, you may need to request a conference with higher up to ensure "we all understand the company's goals". Always approach it positively and simplistically with the desire to serve the company and its customers.

[mamboni]

1. Get a copy of your contract and read it carefully and find out exactly what your rights and obligations are. Make sure you are well within the requirements of your conduct. Contact a lawyer if necessary.

2. Do not respond to your boss except for clearly official business. Do not respond with emotional or hostile emails - THEY WILL BE USED AGAINST YOU. But do make certain to respond to official requests. Don't let him ruffle you so that you forget to do something and give him an opening to claim you derelict of duty.

3. Be calm and detached - tune out the SOB - don't react to his harassment or BS. Just focus on your job and make certain you are absolutely squeaky clean and doing everything you're supposed to be doing (i.e. reports, meetings etc.).

4. Stay focused on the longterm goal: to finish a successful year and collect a bonus well-deserved. If your boss is up to no good, your cool demeanor and excellent work habits will drive him crazy and he will overplay the game and wind up getting himself fired.

To quote Peter Fonda's character in Easy Rider: "Be cool Billy!"

[General of Darkness]

Thanks guys, I'm going to be a copy of my contract when I get in the office today.

[TheNocturnalEgyptian]

Don't quit. Make them fire you if it comes to that. Document every single little thing that you feel constitutes a hostile work environment with dates, times, names, witnesses. You will be glad that you did.


QFT

Especially note your awesome success there, and pair it off with your "ethnic" background.



Not that it is relevant, but isn't the General a white guy?

[General of Darkness]

Yup, I'm a sexy blue eyed devil... ;D

[Awoke]

General, document everything.

Go back in memory, and write down every tille thing he has said to you in teh past, with dates. Make note of every encounter you have with this person. People who do not take notes will lose in the end.

If this ever escalates to a court room or an arbitrary council, you will thank be for suggesting the notes.