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A place to discuss and debate Employment Law in the USA

r/EmploymentLaw

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Posted by3 hours ago

I have worked for a big Estate Agent in central London since October 2022. I handed in my resignation 2 weeks ago and the company are trying to avoid paying me for my last month and deals because I supposedly owe them money.

The job’s basic salary is quite low as it is heavily commission based (I receive 10% of the company’s fee for any deal I make), so the company offers a ‘guarantee’ for your first 5 months of working there.

Before resigning I spoke to the person who sent me my contract to clarify in what situation they would try to clawback money after leaving - I recall she said as long as I had earned the company more in commission than I was given as guarantee then there would be no clawback.

Since resigning the company is insisting that I owe them £2,265.85. I’ve asked for their calculations and they showed me a table which doesn’t make sense.

Total Guarantee paid = £7,083.35 Total Bankings = £48,175 My rate of commission =10%, 10% of bankings is £4,817.50 Total Guarantee paid - 10% of bankings =£2,265.85 owed (???)

Per the figures in the table - I understand that I’ve been paid £7,083.35 in guarantee, but I earned the company 90% of the noted £48,175 in bankings so taking 10% of the company’s fee from my guarantee to figure what I might owe is illogical. I have effectively had a net positive of £36,274.15 (90% of bankings - guarantee paid to me) on the company since working here.

There are a couple of notes about commission and pay deduction in my contract but all seems pretty vague. Notably - ‘We shall be entitled to deduct from your pay or other payments due to you any money which you may owe to the Company at any time, to include the repayment of commission or loans as set out at clause 8.’

‘You shall be entitled to participate in any commission or bonus scheme that the Company may in its absolute discretion operate for employees of a particular role. You shall be entitled to receive commission or bonus payments of such amount and at such intervals and subject to such conditions as the Company may in its absolute discretion determine from time to time.’

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Posted by7 hours ago

I’m in Hawaii, and this actually happened in November 2022. Myself and my boyfriend were helping his “friend” open a restaurant inside a hotel. We were initially hired in July to consult and get the restaurant up and running in a short period of time, and stay to help for a transition period. Total we agreed to was 2 months for $25/hour. Because she was a friend. I know now that this was a mistake.

Anyways, the 3 of us and the chef had many talks before we all came to the agreement. And the friend, let’s call her Beth, was supposed to be working with us. Long story short, she took multiple vacations and we ended up doing all the work to get it open. Worked 16 hour days. We didn’t complain to her about the vacations she was on. Just wanted to get it opened and be done with it. Beth was never there and appointed myself and my boyfriend as managers. We did not want manager positions, nor did we sign up for it, but we wanted to help her out until she found someone. About 3 weeks in, she put us each on salary for $50K, which was never discussed or agreed to. She did this right before the first paychecks were cut.

My boyfriend spoke to her about managing and he agreed to a $100K salary if she wanted him to stay on board. She promised a profit share and bonuses as well, but could not start paying the $100K and bonuses for 3 months (October/ November time), and she would play catch-up for that time. He said ok. I never had a discussion about money because I knew I would be leaving after the new year, I just called it a loss.

We had already told her when we were hired that we would be taking a 3 week vacation in September. It was already planned. When that time came, she told us she would pay us during our vacation time because we were working so hard and deserved it. And we weren’t even supposed to be still working there… We had a 2 month agreement. But I digress. Beth worked at the restaurant while we were gone.

We got back from vacation and there were paycheck problems. She was paying employees late and vendors late. Excuses for everything.

She ended up firing us when my boyfriend went to bat for her with the hotel. Basically we allowed room charges but the hotel would pay us for them, 30 days later. No problem. But they were taking forever to pay, 60+ days. And there was no money in the bank. So he asked for payment. She fired us for that. I think it was because she wasn’t paying the hotel rent, so she didn’t want to ask them for money.

We never got paid for our hourly rate for the first few weeks before she randomly decided to pay us salary (after she saw how many hours we were working). She said she would pay us for those hours. She never paid my boyfriend his full salary. She said she paid for his vacation, so that was enough.

Hawaii is an at will employment state, so I’m just wondering if she owes us that money. Unfortunately, we never signed a contract and have nothing in writing, except for text message and email exchanges.

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Posted by11 hours ago

This is regarding a promotion at a law enforcement agency in California.

Employee " A" was in their current rank for approximately 6 months when 2 openings for a rank above became available. All other members of their rank were not eligible or set to retire. The Police Chief persuaded a retiring employee "B" to stay by appointing them to the open position. In an acting status.

While B is in the acting status employee "A" was eligible to test for the position. The Chief refused to hold a test or make a permanent appointment as employee "A" was the only person eligible.

Upon the retirement of employee "B". Employee C and D were promoted about 6 months apart. The Chief decides to have all employees of the rank rotate into the rank that has 2 vacancies. During this period employee "C" become eligible to test. 2 months after employee "C" is eligible the Chief decides to hold a test for the promotion. Employee "C" is promoted over employee "B" who is more experienced, educated, administrative training.

Chief and employee "C" have a known relationship outside of work (vacation together).

The question is does employee "A" have any type of possible lawsuit? There are substantial financial implications for pension reasons. The testing process is evaluated by a 3-person independent panel selected by the Chief. The Chief has full discretion to make the promotion. There is no other deciding panel. The testing process is pass/fail. Employee "A" has held the rank for over 3 1/2 years and employee "C" had just over 1 year at the time of promotion.

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Posted by13 hours ago

crosspost from r/legaladvice

Hello, As stated, I am trying to get my employer to send me a document/letter confirming the amount of time I missed, my hourly rate, and how many hours I was working per week. Our company is very small and our HR person quit, and they proceeded to outsource the HR to our payroll company. I have tried multiple times for unrelated issues to try to get them to tell me who I can contact for HR matters and gotten nowhere. It also seems that the head guy at my company doesn't really like me for whatever reason. This morning I sent an email to him as well as my direct manager with this request, and he responsed saying "We will look into it and see what we can do". Is there any situation where he can refuse to provide me this document? The other driver was found 100% liable for the accident and I was medically taken out of work, so I am trying to get paid for those lost wages as part of my settlement, but I am worried he will refuse or make it unnecessarily difficult basically just to fuck with me. I spoke with my attorney and he wasn't having it, he said this isn't a "We'll see what we can do" situatuon and is instead the LAW, and that if they don't comply he will simply report them to the Department of Labor, but I would prefer if it didn't come to that. I'm just not sure what the specific laws in my area are regarding this and how to best approach the situation. Considering I know all the information and just need them to spend 10 minutes compiling it into a document for verification, I'm not sure why they are giving me a hard time. I don't want to lose my job, but I also want to get compensated fairly. Any tips?

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