Legal Question in Employment Law in Pennsylvania
Company in trouble and commissions held back
My Company has had financial difficulty for the past 12 months. To preserve cash, they held back sales commissions owed in order to pay salaries for all the employees. This has continued for a number of months and I am owed a substantial amount of money. I have continued to sell for this company in the hope that things will turn around. However, I am worried that if I do not take some action now, I may be left ''high and dry''. We do a substantial amount of work with The US Govt and I have been advised that because of the Companys actions they are in jeopardy of having that business witheld. I would like to understand my options.
2 Answers from Attorneys
Re: Company in trouble and commissions held back
Sue them now. Be first in line if there is to be a dissolution. He who hesitates is lost. If they fire you, sue them again for that. Proceed under the Pennsylvania Wage Collection Law and the Fair Labor Standards Act of 1938. See if fellow comission-earning employees want to join together under section 216 of the latter.
Good Luck.
TV
Re: Company in trouble and commissions held back
I assume you have a written contract which explains how your commissions are earned. In any event In this economy I would not wait to pursue your legal options. You should speak to an attorney about the situation. If you are located near my office perhaps you can call my office to set up an appointment if you desire.
Good Luck