Legal Question in Employment Law in New York
Telemarketer Stealing Commisions
I work for an HVAC company. I sell what is called maintenance agreements. If I sell over $2500 I get 18%. We have a telemrketer that if she sends the client a quote on the same agreement she gets 50% of the total amount. I have been tracking the money she is taking and compared to last year 24,000 she has taken 108,000 big differance. Problem is there is no way to verify whether she is just stating she did or actually sent the quote. Many of the techs are reporting clients denying contact. I personally have lost 7,000 in income in 6 months. Sent manager a letter and have managed to elevate the issue to the point where the company will be rewriting the policy (admission of guilt?) but is refusing to audit the telemarketers performance or her partner in the office. Where do I go to have this investigated, are there any rules for telemarketers taking commission away from company employees? Will provide letter and more info for answering party
1 Answer from Attorneys
Re: Telemarketer Stealing Commisions
This may be governed by an FCC branch but there should be both a Federal and State level of investigation to choose between.
Also the State and US Dept. of Labor.