Legal Question in Employment Law in Washington
compensation upon resigning
I recently resigned from a RV dealership and I still have pending commissions, spiffs, and bonuses. How do I go about making sure I receive these in a timely manner.
2 Answers from Attorneys
Re: compensation upon resigning
I assume that there is some sort of written document that spells out what you would be owed. This might be an employment agreement, or it might be an employee's handbook.
I would think the best approach initially would be to write a letter thanking the employer for the positive working relationship (even if you feel like gagging, unless in fact you contemplate litigation about some aspect of your employment) and confirming that your personal mailing address is [fill in the blank]. Then mention that according to [name the document and cite the page if appropriate] you are still entitled to [compensation description, or amount if known] within [time period], and the above referenced personal mailing address may be used for sending those checks to you.
If the checks do not arrive within a reasonable period of time after anticipated, make a phone call to request status.
If that yields no results, or if at any time your former employer indicates that it has no intention of paying you, contact the Department of Labor & Industries. They now have a program in place to help you collect pay that is due you without needing to hire an attorney. Lawguru does not permit me to put phone numbers in the text, but you can find the number on the L & I website at www.lni.wa.gov. Look for information on the "Wage Payment Act".
Re: compensation upon resigning
I recommend that you send a cordial letter to your former supervisor outlining the compensation that you believe is owed to you (keep a copy, of course). If someone else normally pays you (such as a bookkeeper), cc him or her. If you receive no response for a reasonable amount of time (say, two weeks), write again, but this time send the letter by both regular and certified, return receipt mail, and enclose a copy of your first letter. If more time passes and you haven't been paid, consider pursuing this - you may be entitled to double the amount owed to you.
But remember, no matter why you resigned, stay professional and cordial in your correspondance.
Merry A. Kogut
Attorney at Law