Andy's Autosport is refusing to pay employees their comission! Advice needed :(
08-01-2013, 08:03 PM
#17
previously known as wrxBRAH
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Im guessing you're not working there anymore because posting a thread like this will probably have negative effects. My suggestion is to delete the thread and go contact a lawyer if its an amount worth fighting over. Otherwise bend over or quit and find a new job.
08-01-2013, 08:14 PM
#18
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BBB ratings means ****. All "non accredited" means is that they are not a paying member or a willing participant. If you don't join BBB, you are automatically listed as an "F". If you join, you automatically listed as an "A", until you get complaints.
They are just like Yelp, oftentimes paying subscribers get to "manage" their own rating (ie delete really bad ones), and non-paying companies effectively get extorted until they do.
Feel free to correct me if I have my information wrong though...
They are just like Yelp, oftentimes paying subscribers get to "manage" their own rating (ie delete really bad ones), and non-paying companies effectively get extorted until they do.
Feel free to correct me if I have my information wrong though...
Last edited by LxJLthr; 08-01-2013 at 08:17 PM.
08-01-2013, 09:54 PM
#20
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I qualify as the older person who's dealt with this isht before - here,s my .02
They're in time for telling you it ain't gonna happen for August
Demand payment for July - you kept track of it right?
If they don't pay you, leave, and tell them why, in writing.
This is piddly isht, they've shown their true colors, don't waste your time / life there.
They're in time for telling you it ain't gonna happen for August
Demand payment for July - you kept track of it right?
If they don't pay you, leave, and tell them why, in writing.
This is piddly isht, they've shown their true colors, don't waste your time / life there.
08-01-2013, 10:27 PM
#21
I qualify as the older person who's dealt with this isht before - here,s my .02
They're in time for telling you it ain't gonna happen for August
Demand payment for July - you kept track of it right?
If they don't pay you, leave, and tell them why, in writing.
This is piddly isht, they've shown their true colors, don't waste your time / life there.
They're in time for telling you it ain't gonna happen for August
Demand payment for July - you kept track of it right?
If they don't pay you, leave, and tell them why, in writing.
This is piddly isht, they've shown their true colors, don't waste your time / life there.
I am going to speak to a lawyer and handle this. They have taken advantage of me like this many times before and ive shrugged it off and ive had enough. They are taking advantage of all the other employees as well and im the only one who has the ***** to stand up to them.
Shane I will reply now
08-02-2013, 07:25 AM
#22
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Brandon - I have a very important question for you:
Do you have anything about this bonus in writing? A signed pay plan, a contract, an email stating they are offering bonus this way, an email from them congratulating someone who got the bonus?
If you do - this is easy. Tell the owners of Andy's you are going to take it to the labor board.
If not... you're not screwed, but this gets more complicated.
Either way, I would no longer be working there.
Do you have anything about this bonus in writing? A signed pay plan, a contract, an email stating they are offering bonus this way, an email from them congratulating someone who got the bonus?
If you do - this is easy. Tell the owners of Andy's you are going to take it to the labor board.
If not... you're not screwed, but this gets more complicated.
Either way, I would no longer be working there.
08-02-2013, 10:45 AM
#23
The one thing I would say is in your favor is that they paid you out for this prior. So there is a history of this type of commission. But a lawyer will know best. The labor Board is also a great idea.
And finally, that **** hole is still open? Wasn't he closed/sued/opened under his wife, closed...sued?
Dude is the shadiest of the shady.
And finally, that **** hole is still open? Wasn't he closed/sued/opened under his wife, closed...sued?
Dude is the shadiest of the shady.
08-02-2013, 10:52 AM
#24
Bonus is just that. If it's not in your offer letter or contract of employment, they aren't required to pay a bonus. Now in no way is that concrete, just my understanding of how it works, as an upper management guy.
Also not suprised, Andy's has a reputation, haha. Still waiting on a refund for an order through them from 2 months ago.
Also not suprised, Andy's has a reputation, haha. Still waiting on a refund for an order through them from 2 months ago.
Bredan, you've talked to the labor board. But especially for young people and people considered minorities, there are TONS of free legal advisors/experts/lawyers out there who are willing to help pro bono. If you need help finding someone, let me know.
08-02-2013, 11:34 AM
#27
This may not be entirely true. A bonus is something you receive that isn't guaranteed. If Brendan can prove that this was an expected part of his salary, and was "the norm" for himself and other employees, then he may have a case against Andy's.
Bredan, you've talked to the labor board. But especially for young people and people considered minorities, there are TONS of free legal advisors/experts/lawyers out there who are willing to help pro bono. If you need help finding someone, let me know.
Bredan, you've talked to the labor board. But especially for young people and people considered minorities, there are TONS of free legal advisors/experts/lawyers out there who are willing to help pro bono. If you need help finding someone, let me know.
Essentially it comes down to this... what was on the paperwork that you signed your name to when you were hired.
If it says that the bonus is in place as part of your pay then they have to honor that as part of your pay. If it's a true bonus... like you agreed to get paid x amount for your job... then as an incentive the owner gave the bonus, it can be taken away at any time. Or be raised and lowered at will based on performance.
When I worked in the union we had a structured bonus system but they company could raise and lower it based on the performance of the stock.
Hopefully the paper work you signed is similar to what you sign when you work as an EMT.
An EMT will make... say $10 an hour. But then they'll say you get paid say $15 per call you take. It's an incentive but it's a structured part of your pay package. They can not legally take that away because it's the legally binding agreement you signed.
So...
Step 1: Find you paperwork to get the wording of what you signed.
Step 2: Do the math on what you were due and print out the proof to support it.
Step 3: Keep track of every month until they fix their issues.
Step 4: Submit a report to the labor board.
Step 5: Give their response to your boss with your paperwork.
Step 6: Get paid.
Step 7: Get fired.
Step 8: Sue for wrongful termination
Step 9: Get paid.
So my advice... keep you ducks in a row. Be an honorable employee. Come to work on time. Do what you're suppose to do. If you're being screwed let them know they need to fix it.
08-02-2013, 12:12 PM
#29
True... and False.
"California courts have also held that an employer's general right to terminate an "at-will" employee is 'subject to limits imposed by public policy, since otherwise the threat of discharge could be used to coerce employees into committing crimes, concealing wrongdoing, or taking other action harmful to the public weal.' (Collier v. Superior Court (1991) 228 Cal.App.3d 1117, 1121, citing Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 655). Thus, an exception to the general at-will employment presumption is made and a tortious wrongful discharge claim will lie where an employer's termination of an employee violates a fundamental public policy, or in other words, where "he or she is discharged for performing an act that public policy would encourage, or for refusing to do something that public policy would condemn." (Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1090; Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 79-80; Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167). Therefore, unless the employee has an actual or implied contract with the employer which allows for termination only for cause or other specified reasons, the employer may fire an employee as long as the reasons are not illegal. Sometimes, it takes a skilled attorney to review the facts to determine whether the reasons for termination are illegal."
The at will policy can not be used by an employee to threaten people to not defend themselves against wrong doing... i.e. not getting paid when they should be. The employer in this case isn't threatening... but if there is no defense against being fired for standing up for yourself then no work place is safe. I guarantee you that if he was to have proper proof of wrong doing and filed a complaint to seek pay and was let go he could file a case and win.
"California courts have also held that an employer's general right to terminate an "at-will" employee is 'subject to limits imposed by public policy, since otherwise the threat of discharge could be used to coerce employees into committing crimes, concealing wrongdoing, or taking other action harmful to the public weal.' (Collier v. Superior Court (1991) 228 Cal.App.3d 1117, 1121, citing Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 655). Thus, an exception to the general at-will employment presumption is made and a tortious wrongful discharge claim will lie where an employer's termination of an employee violates a fundamental public policy, or in other words, where "he or she is discharged for performing an act that public policy would encourage, or for refusing to do something that public policy would condemn." (Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1090; Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 79-80; Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167). Therefore, unless the employee has an actual or implied contract with the employer which allows for termination only for cause or other specified reasons, the employer may fire an employee as long as the reasons are not illegal. Sometimes, it takes a skilled attorney to review the facts to determine whether the reasons for termination are illegal."
The at will policy can not be used by an employee to threaten people to not defend themselves against wrong doing... i.e. not getting paid when they should be. The employer in this case isn't threatening... but if there is no defense against being fired for standing up for yourself then no work place is safe. I guarantee you that if he was to have proper proof of wrong doing and filed a complaint to seek pay and was let go he could file a case and win.
08-02-2013, 10:58 PM
#30
True... and False.
"California courts have also held that an employer's general right to terminate an "at-will" employee is 'subject to limits imposed by public policy, since otherwise the threat of discharge could be used to coerce employees into committing crimes, concealing wrongdoing, or taking other action harmful to the public weal.' (Collier v. Superior Court (1991) 228 Cal.App.3d 1117, 1121, citing Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 655). Thus, an exception to the general at-will employment presumption is made and a tortious wrongful discharge claim will lie where an employer's termination of an employee violates a fundamental public policy, or in other words, where "he or she is discharged for performing an act that public policy would encourage, or for refusing to do something that public policy would condemn." (Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1090; Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 79-80; Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167). Therefore, unless the employee has an actual or implied contract with the employer which allows for termination only for cause or other specified reasons, the employer may fire an employee as long as the reasons are not illegal. Sometimes, it takes a skilled attorney to review the facts to determine whether the reasons for termination are illegal."
The at will policy can not be used by an employee to threaten people to not defend themselves against wrong doing... i.e. not getting paid when they should be. The employer in this case isn't threatening... but if there is no defense against being fired for standing up for yourself then no work place is safe. I guarantee you that if he was to have proper proof of wrong doing and filed a complaint to seek pay and was let go he could file a case and win.
"California courts have also held that an employer's general right to terminate an "at-will" employee is 'subject to limits imposed by public policy, since otherwise the threat of discharge could be used to coerce employees into committing crimes, concealing wrongdoing, or taking other action harmful to the public weal.' (Collier v. Superior Court (1991) 228 Cal.App.3d 1117, 1121, citing Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 655). Thus, an exception to the general at-will employment presumption is made and a tortious wrongful discharge claim will lie where an employer's termination of an employee violates a fundamental public policy, or in other words, where "he or she is discharged for performing an act that public policy would encourage, or for refusing to do something that public policy would condemn." (Gantt v. Sentry Insurance (1992) 1 Cal.4th 1083, 1090; Green v. Ralee Engineering Co. (1998) 19 Cal.4th 66, 79-80; Tameny v. Atlantic Richfield Co. (1980) 27 Cal.3d 167). Therefore, unless the employee has an actual or implied contract with the employer which allows for termination only for cause or other specified reasons, the employer may fire an employee as long as the reasons are not illegal. Sometimes, it takes a skilled attorney to review the facts to determine whether the reasons for termination are illegal."
The at will policy can not be used by an employee to threaten people to not defend themselves against wrong doing... i.e. not getting paid when they should be. The employer in this case isn't threatening... but if there is no defense against being fired for standing up for yourself then no work place is safe. I guarantee you that if he was to have proper proof of wrong doing and filed a complaint to seek pay and was let go he could file a case and win.
I have almost every single pay slip since Oct 2012 (first month working there).
I also have a record of every single transaction for the entire month of July that i printed out.
Now, I never actually signed anything when i started working there, all i did was fill out a w2.
Now, i am having trouble getting any written information of the commission that was agreed on because all it was for the $2 bonus thing was basically verbal, at the beginning of june our boss does a few minute meeting with all of us, he showed us all a word doc printed out that showed the newly added $2 bonus and told us how it worked, then we left the room. so all i could possibly find was a word doc, which isnt really "officially" obviously.
i do have a screen shot of my boss talking to me over AIM explaining how my bonus was calcuated from last month in which he says "there was xxx amount of full transactions for a xxx total bonus in that category." iis that enough?
i was hoping to get a breakdown of my bonus where it clearly said what i was paid for but andys is so F****** unorganized i doubt they have anything like that anywhere at all lol