Legal Question in Employment Law in Georgia

unpaid commission

I live in georgia, worked for a pizzaa company headquartered in Ky. I was a district manager with assigned area in ga. I was paid on commission of 4% of what My assigned area brought in. This is stated in writing in the employee manual. My assigned area was enlarged by 4 more georgia counties. My assigned areas volume increase 10,000 dollars weekly. I was not paid on the increase. the company said i could be paid after i kept the new area for 3 years, but no pay until then. they deducted the new areas sales strait out of my commission check every week for 11 months until i got tired of it and ressigned. can i file a claim for unpaid commissions? do i file with Ky. or ga.? they never told me ahead of time that I would not be paid until 3 years , so we did not agree on this. I complained all the way up to the ceo, and got told that the company was not santa clause. I worked 10 years and had built theit business to 2 million dollars a year in my old assigned area. It is stated in employee manual that district managers will be paid 4% of assigned areas sales.


Asked on 11/15/08, 8:55 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: unpaid commission

There could be more facts that need to be reviewed, but it appears it might be a simple case where the employer offered you a certain level of compensation, you did not like it and eventually quit. An employee handbook often serves as a contract to some degree, but it is equally true that employees and employers are usually free to make a separate agreement. From your post, the employer offered you a certain commission, and you ACCEPTED that agreement for 11 months. If you did not want that deal, you should have insisted on a different agreement from the beginning, or found suitable employment elsewhere. Otherwise, based on the post, you got exactly what you agreed to by continuing to work under the arrangement proposed by the employer.

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Answered on 11/15/08, 9:20 am


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