Legal Question in Employment Law in Michigan
Involuntary termination-rights of employee
Have remote office in different state from Corp. Recently notified by phone that job had been eliminated. Requested information in writing about termination, severence, commission due and office transition. Received email same day stating paid thru date and offer of two weeks severence, no mention of position elimination. Again, Requested information in writing. Called Corp HR office next day requesting information again verbally, asked what needed to be done to close out office. Was informed that my Superior (who had called to terminate me) told HR this was a voluntary resignation and that another job offer had been extended. Superior mentioned Independent Contractor opportunity to me but did not have details at time of initual call. To date no information in writing has been given. March expense reimbursement and April have not been paid. Commission due in April was not paid and there is large outstanding commision due. What are my rights as an employee, what should be my next move?
1 Answer from Attorneys
Re: Involuntary termination-rights of employee
You have a right to salary and commissions earned up to the date of termination. If the termination is involuntary, a commission is still earned even though the payment for the receivable is made after the termination date.
Vountary quits ordinarily do not get commissions for payments received after termination.
Assuming your termination is not unlawfully discriminatory, your employer's internal procedures, no matter how inept, are not subjects for legal action unless they are the cause of lost income or opportunity (i.e. how they handle your termination is actionable only if it results in a wrongful loss of income or opportunity from another source).
William Morrison
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