Legal Question in Employment Law in Texas

fair wages - Commissions

I have worked as a sales agent out of my home for a company based in Atlanta for 5 yrs. I have been a top producer but this company keeps changing the rules for receiving commissions on a sale.

First questions: Can management change commission rules without any notifications? Can management have some rules that apply to one and not another employee doing the same work? Second question: Do I have a discrimination case:

I sold product and it shipped to another territory. At that time the national manager arbitrarily negated what the product manager said verbally to me about commissions. The product manager said that commission will go to the person responsible for the sale. The national manager said that I had to split it with the male salesperson where the product was installed.

Then another younger female colleague sold the same product recently and it was installed in my territory. This time the selling party received all of the commission.

In both instances the person in the area where the product was installed had no direct involvement in the sale. Same case � but the first time the selling party was forced to split commission and the second one the selling party was not forced to do so. Is there something I can do?


Asked on 9/27/08, 11:06 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: fair wages - Commissions

Of course you would be entitled to your commissions but need a lawyer to make proper demand and sue, if necessary. However, expect to be terminated ....as to discrimination??race,religion, sex, ..why are you discriminated..and

no lawyer I know takes such cases on a contingency...unless written documents support your position

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Answered on 9/27/08, 12:13 pm


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