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Hello
I have a question about unpaid commission, I have worked for a roofing company as a sales rep, my job was to meet with potential client who were in need of re-roofing their homes, I was responsible for determining what the client wanted or required, measuring the roof, figuring out the material and labour costs both labour and material costs were provided by the company, adding the mark up the company required and presenting a quotation to the customer I have been very successful in achieving the end result a sale. My commission rate was 9% , during the approximately 3.5 yrs I worked for this company I had requested a print out detailing which sales I had been paid for when presented with cheque, I was told a by the book keeper that she did not have the time but would get to it. A year ago I was asked to come into the office and meet with the company owner, no reason given but it was important, to my surprise I was told that it was time to part company was given a cheque to bring me up to date with work completed and was promised that I would receive a cheque every two weeks as work was completed on sales I had in house, I had to call to get cheques, the work in hand took months to complete and finally I was told that all was done and my last cheque had been issued. I finally did get a print out of the sales made along with a list on commissions paid, I have carefully gone through this list and have discovered quite a few jobs sold, installed and commission not paid, also discovered that some jobs I had sold were not on the list and of course no record of being paid for them. I have not had any opportunity to discuss any of these unpaid sales with the company owner, he has sold the business to the guy who was the installation manager and the company is still operating under the same name. What would be recommended as to how I can recover the unpaid commissions they amount owed is in excess of $50.000 plus GST
Thank you
Thank you for writing to us. At the time of dismissal, you would be entitled to all unpaid wages and accrued commissions owing to you. That said, you would only be able to claim back for 2 years due to the Statute of Limitations. Also, you would be entitled to severance given that you were dismissed by your employer. You have noted this took place a year ago. If you don't file a claim within the next year you will not be able to take any legal action. Given that time is of the essence, I would encourage you to call us right away and book a call with one of our lawyers who would be happy to assist you.