Legal Question in Business Law in Arizona
Employment - Commission Pay
My boyfriend works for a small office supply business that was recently started here in Phoenix, AZ as a commissioned salesman. The man he works for has turned out to be completely unscrupulous and has been cheating him out of the commissions he has been owed for a few months. As an example, half of the company recently left because of his unethical practices and because he has mounting legal bills, he decided to cut my boyfriends commission in half for sales he had made the previous month, without telling us. He waited until we recived a check MUCH smaller than expected and confronted him to tell him that he needed the money more than us. He also calculated wrong and shorted a few hundred dollars based off his ''new'' commission. He says that he is the president and he can do whatever he wants. We just want him to pay what is owed to us. He is essentially stealing from us. We have been budgeting for this money and we are now in a financial hardship. We believe we are owed at least $5,000. There is so much more but I cannot fit it here. Do we have any options? Can we sue? What would you recommend?
1 Answer from Attorneys
Re: Employment - Commission Pay
1. Find a more deserving employer.
2. Make a written demand for commissions owed with a certified letter, or hand delivered with a signed receipt, or hand delivered with a witness.
3. Sue if he doesn't pay. You can get treble damages plus attorneys fees. But, he may be bankrupt. You will need an attorney for the suit.
4. Ultimately, the insurance department should be notified.
Good luck and best regards.
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