My boss didn't keep his word to pay me commissions. Can I use this fact against him if i want to leave his com?

I've completed 1 year of a 3-year contract. When I joined this private company I was told that I'd also get my commissions from the sales.Since then nothing was paid. He keeps saying that he'll pay. I'm fed up with this situation & want to leave for a better job. I'm sure for 200% he will not give me NOC. And I can't endure 6 month-ban either. Can I use that violation against him? I agreed on a salary only because of promised commissions. But they are not mentioned in my contract. Pls, help

RBX

Hold on, you signed a contract in which all the other details of your employment were laid out except the commissions because your boss verbally agreed to pay them? You didn't think it was a little odd that an important monetary consideration was left out of the written contract while everything else was presented therein and that it not being there gives your employer a strong case that they don't need to pay you those commissions?

IMO your best option is to threaten legal action and if needs be take advice from a lawyer. From what I can tell from your question you would be alright with being paid your commissions and continue working for this firm but would be happier to have the contract discharged allowing you to leave.

It's not unheard of for employers to attempt to push people around to see what they can get away with. If this is the case when you threaten him with legal action over the unpaid commissions he will probably comply. If this is NOT the case you will need to take legal advice (from a professional... not the internet... definitely not the internet) to determine whether there is a case for you to take your employer to court. You need to work with a lawyer so he/she can advise you on whether your verbal contract concerning the commissions is legally binding.

I'm sorry but I'm not hugely hopeful on that score. Reiterating, my advice to you would be to very confidently tell your boss that you have already taken legal advice and are prepared to take the business to court concerning unpaid commissions. Offer them the option to discharge the contract rather than pay the arrears. Don't let on that you are unsure of the legality of the situation, come across as entirely in control and aware of your rights. The likelihood is that you will be paid or can request your contract be discharged. Court is costly, time consuming and stressful and most firms will do what they can to avoid it unless they think their position is ironclad.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: