Legal Question in Employment Law in North Carolina
I accepted a seasonal retail position this past Christmas. I interviewed with the store owner & her regional manager. During the interview, it was stated several times that pay was minimum wage plus commission of 2% on all my sales & would be be paid end of the season, provided I did not quit or get fired. I worked through the season but did not receive my commissions. I believe & some permanent employees believe, that the owners were furious at me for not accepting a perm. manager position that was offered to me. Whatever the reason, they refuse to pay me my commission check. It is only a few hundred dollars, but its MINE. How can I get them to pay me? Current employees won't be witnesses as they fear for their jobs if they become involved. The former regional manager who quit said she would be a witness. Would I have to file a claim in small claims court or is there a governing entity, some sort of state board that would investigate & compel them to pay?
1 Answer from Attorneys
You can file an action in small claims court, but you may want to first contact the North Carolina Department of Labor to file a complaint. You can call them at 1-800-NC LABOR. Tell them the amount owed and the witnesses who have knowledge about what is owed. If they are not able to help you should contact an attorney to discuss the issue further.