Legal Question in Employment Law in Tennessee
Re-Assigned Sales = Less Commission
My wife is a veterinarian who is paid based on commission (a percentage of the clients' tab).
The office manager, who intensely dislikes my wife for personal reasons, has been re-assigning my wife's sales to other vets in the practice, thereby lowering my wife's income. We've caught her red-handed on six occasions, with roughly $3000-worth of commissions routed to other vets, but we're certain that it's happening weekly, if not daily.
The owners of this veterinary clinic have been made aware of the situation, but have not taken any disciplinary action (though we're reimbursed when we catch her in the act). The owners assure us that the office manager cannot profit from these shenanigans, but haven't been willing to open the books to see just how many of these sales have been fooled with.
Today, my wife found yet another re-routed commission--$400's worth.
In short, the manager is shorting my wife out of spite not personal gain, but the dollars are adding up and the owners are little help.
What is our best move? Contact the white collar crimes division of the local police dept? Hire an attorney and subpoena the clinic's finances?
1 Answer from Attorneys
Re: Re-Assigned Sales = Less Commission
What you describe is likely not a crime, but may constitute an illegal employment practice. One of the central questions is whether or not your wife has a contract of employment that describes how patients are to be routed. It's not uncommon for there to be no contract in this type of situation and I wonder why the employer made corrections to the practice when caught.
Another potential claim is going to involve illegal discrimination. Although that is more difficult to prove than a contract violation. To go through these issues you should probably consult with an attorney. If you need some additional information, you can email me at [email protected].
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