Employment Lawyers Can Answer Your Employment Law Questions
Yes they were
Did you get anything in writing from the CEO to say that all the commissions would be paid at the time.
Are you saying that they are relying on the 1st clause to retrospectively change your commission scheme?
No, nothing in writing from the CEO to say that all the commissions would be paid. They are relying on all 3 clauses, I think.
On the face of it if the clauses are in your contract then they can attempt to use them to avoid making the payment. I cannot comment on the relevance of clause 2 and 3 as they are to do with the performance of the business and the contracts you were working on. They would need to prove that these apply to reduce the commission payable to you. In order to prove clause 1 it is my view that you would have to be given notice that the way that commission is being paid was being varied.
The fact that you were told that you would receive full commission is contractually binding but the fact that you have no written proof of this may cause you an evidential problem if it is denied.
I would ask them to demonstrate 1. When you were informed that the scheme was being varied? 2. Demonstrate that clauses 2 and 3 apply by sending you details of the financial reasons they say they do. 3. Ask them to confirm that they are, in any event contractually obliged to pay you because you were told that you would be paid and this is contractually binding.
You can state that if you are not paid you will have no alternative but to bring a small claim against them. They will then have to prove that they contractually have the right to withhold the commmission.
If you have any further questions please do ask.If I have answered your question I would be grateful if you would take the time to rate my answer. thank you and all the best.
Thanks. The first and only time I have been made aware that the commission payment method has differed, was in an email on August 20th
Well that is retrospective and does not apply to the period that you were earning commission under. I think this is a try on. I would write to them in the way I have suggested and raise a claim. I would imagine they will settle rather take this through the court and risk paying your costs.