Department of Labor and Industry - questions about

[coffeeman]

Hi all

I had a salesman that I changed him from base pay + commission to commission only. I told him to take off Christmas week and get into office Monday after Christmas to restructure pay schedule for 2011. Salesperson never came to office or called for restructure. Also, first week of 2011 never got in touch with office untill day before Friday, payday. That was 2 weeks without contact. Friday the 9 th sales guy shows and wants pay. I explained to him he was off the job untill the new pay rate was determined. Sales guy said he didn't understand. Meantime I got an outside sales person who claims he was working even though he didn't contact office daily, as usual. I told guy he was off job and no pay due. Salesguy storms out of office saying something like ... I gotta do what I gotta do and you'll pay me what I want.

Today I got a letter from Bureau of Labor Law Compliance.My state is Pennsylvania. I would imagine all states have such a Department. Sales guy says I owe him $800.00 + $200.00 expense for 2 weeks. Labor Law Compliance wants $1000.00 sent to them. The will distribute the funds from their office. I don't believe the salesguy is due anything. I believe he abandoned his job. When he showed he had no expense report or report of sales calls.

Does anyone have any experience with this kind of thing. Any suggestions would be appreciated. I can already see the papers stacking up through government red tape. It's just the first day.

Cheers...Coffeeman

 

[tulenutn2o]

Hi all

I had a salesman that I changed him from base pay + commission to commission only. I told him to take off Christmas week and get into office Monday after Christmas to restructure pay schedule for 2011. Salesperson never came to office or called for restructure. Also, first week of 2011 never got in touch with office untill day before Friday, payday. That was 2 weeks without contact. Friday the 9 th sales guy shows and wants pay. I explained to him he was off the job untill the new pay rate was determined. Sales guy said he didn't understand. Meantime I got an outside sales person who claims he was working even though he didn't contact office daily, as usual. I told guy he was off job and no pay due. Salesguy storms out of office saying something like ... I gotta do what I gotta do and you'll pay me what I want.

Today I got a letter from Bureau of Labor Law Compliance.My state is Pennsylvania. I would imagine all states have such a Department. Sales guy says I owe him $800.00 + $200.00 expense for 2 weeks. Labor Law Compliance wants $1000.00 sent to them. The will distribute the funds from their office. I don't believe the salesguy is due anything. I believe he abandoned his job. When he showed he had no expense report or report of sales calls.

Does anyone have any experience with this kind of thing. Any suggestions would be appreciated. I can already see the papers stacking up through government red tape. It's just the first day.

Cheers...Coffeeman

He had to have showed them something to get them to send the letter. I would request from the labor dept on what grounds do they base their claim. Then it all boils down to how much money you wsant to spend to fight it.

 

[DANOCHEESE]

Do you have a paper trail? If no paper process then you will have issues.

 

[300UGUY]

I think if you are did things verbally, you might as well send them a check. Also, in my state, a commission only job has to pay at least minimum wage.

 

[coffeeman]

Do you have a paper trail? If no paper process then you will have issues.

Good point!! Problem is a simple "come into the office on Monday" shouldn't have to generate paperwork. If one is scheduled to work and they don't show or call off they have quit. Not touching base with office is same as not comming to work. The point is, how do I produce a signed paper to warn a guy if he doesn't come into office.

My paper work is not the best. I have been doing this for 30 yrs and never had a problem like this. We operate with 8 to 10 employees. As a result of the newly fired guy, we will start quickly a plan to to cover company better. I guess the horse is out of barn. Too late on this horse.

Cheers...Coffeeman

 

[Hooked_on_HP]

Does the salesman have a company cell phone. If he does get a copy of the call log from the phone company showing the was no contact with company or customers. Or even if his phone is a personal phone have him produce his phone records for those weeks to prove he was working. I am assuming that a sales person has to call in orders or email orders.
Bill

 

[ToadHill]

The initial contact from the department of Labor is always in favor of the worker, They take his statement and you are guilty until you prove your case.

Appeal the decision, get your records together and be ready for a hearing. You have the right to represent yourself or take a lawyer with you.

If you have written rules about reporting in make sure you present them. If you have a history of how often this salesman reported in before this incident have it ready.

Anything you have to demonstrate that he abandoned his job for 2 weeks make sure you have with you.

 

[2manyrocks]

You need to choose your words carefully when you try to explain this to the DLI because they are probably looking to find something to say you gave him paid time off.

Some administrative agencies only want to build a case for employees to recover, and you've got to watch for how you present your case to them.

If you told him he was going on straight commission immediately and he didn't show for two weeks, then he wouldn't appear entitled to anything because he either quit or didn't accrue any earnings.

If he was on salary and you told him to come back in two weeks when he will go on commission only, then the DLI could say pay him for those two weeks. Watch out for them to try to pigeon hole him so he gets paid.

 

[jinjimbob]

He knew that you were going to lower his salary, there has to be a reason why you are changing his pay structure at short notice.

Wouldn't you be mad if he did it to you? I would, basically telling him to find a new job over Christmas, no wonder.