Anyone here have any experience / advice on filing a claim with the New York Labor Board, Department of Labor, etc. as a salaried and commissioned salesperson? I had stopped by one of the NYS Dept. of Labor satellite offices and they told me I need to contact NYS Dept. of Labor Standards. When I called them the response was that I’d have to contact an attorney as the NYSDOLS doesn’t / cannot provide help for commissioned salespeople. I thought this odd but he was insistent this was the case. I find it hard to believe that just because your income isn’t determined solely as an hourly basis, you have no protection under the law.
Long story short, I need to try and recover thousands of dollars in unpaid commissions and potentially more in retroactively rescinded commissions. I’d rather be pointed in the right direction than go through all the various entities, departments, channels, etc. existing in the state. Any help available would be appreciated. Thanks.
The last commissioned salesperson that was let go from my company had to file suit. The problem wasn’t lack of payment, rather he had several million in the pipeline when terminated. He sued for payment of future due commissions. The case was settled so the only people that know the outcome are the lawyers and the CFO.
[FONT=Times New Roman]“NYS Department of Labor does not take claims for unpaid commissioned sales. [/FONT] [FONT=Times New Roman]You must file a civil action (lawsuit or small claims court) to collect monies owed.”
[FONT=verdana]Above is the response I received to an inquiry I filed on line last night with the NYS Dept. of Labor. Based on the amount in question, small claims court is not an option and they’re telling me I have to file a case in civil court, and more than likely secure an attorney. If this is true, I don’t understand why there are NYS labor laws referencing how and when commissioned sales people are to be paid but no representation by the state if you are paid via commissions. If you’re an hourly employee, the state will go to bat for you. This seems like total bullshit to me. If I have to go this on my own so to speak, there’s no doubt I’m going to have to fork over some portion of the monies I’m pursuing to an attorney.[/FONT][/FONT]
You’re very intuitive. Yes, I made a slight update on the Earn a Living sticky. Not putting out my new employer information just yet but in the same field.
Good, then I can stop holding back my opinion about what a total ripoff Kaz Brothers is simply because I respected you.
$7k quote to replace a tub/shower at my mom’s place. Ended up going with a smaller company that did the job perfectly for a little over $2k all in. It wasn’t until after I stared talking to others about Kaz that I found out they’re widely known for doing Sterling Lake pricing.
You’re certainly welcome to your opinion. Simply put, I gave up control of pricing when I closed my business and was relegated to providing project pricing based on what they gave me to work with. Under priced projects would’ve been rejected which meant that I would’ve wasted my time, and the customer’s, if I had signed a contract for the “wrong” number. It’s no secret they were / are not the least expensive option available to the public. They will openly admit it. Shockingly enough though, they were also not always the most expensive option in the marketplace.
I was always presented with the question as to why we might be higher than “the other guy” and I could never speak to why their prices were so much lower. Lower or little to no overhead, lower employee salaries, smaller profit margins, etc. all equates to what companies need / have to charge for their services. I can tell you that in the industry, KAZ offered some benefits to their employees that might not have been made available by some smaller companies in the same industry. I would be like comparing EZBUY Auto sales with 15-20 used cars on their lot as compared to West Herr Auto Group. KAZ obviously had some greater operating costs than most, and certainly more than I did when I ran my company.
I’m glad things worked out for your mom and I can tell you that you were extremely lucky it worked out for you, based on the scope of work I remember from almost two years ago. When costs come in THAT low, I am typically very suspicious. I know KAZ did everything “by the book”. Licensed / insured plumbers and electricians, as well as properly insured subcontractors. Those entities demand a higher rate than companies who may be “capable” of performing the work themselves vs. getting someone with the proper credentials to work in that particular town / city. I’m glad you weren’t the subject of an Al Vaughter’s special at 6:00. I’m sure others on here can speak to the “you get what you pay for” theory, but you appear to have made out well.
I can tell you that they will go on without me and continue to be the largest remodeling company in the area, at least for the time being.
