How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47907
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I used to work well known company in central

Customer Question

Hello,
I used to work for a well known company in central London and just left one month ago. My job was commissioned based and I was supposed to get my commission for the next three months. I just received an email frpm my previous General manager that they won't pay me commission due to my Facebook post which was insulting- they said I've spoken about the management and employees. My post was extremely rude, however, I didn't mention any names of the people or the companie's name. I replied to the email saying that they can't prove what I meant considering there were no names in the post. I also said I have every right to express my opinion online especially I didn't mention names. Are they allowed to leave me without my commission? Who shall I contact for help? Thanks
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Also I've never said to my previous manager that the post was about the company I denied it. The post I posted on FB could apply to anyone and any situation. It is very hard to know what I actually meant.
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Was commission conditional on anything and how much are you owed?
Customer: replied 2 years ago.
Hi Ben thank you for your reply.
It's in my contract that I should get my commission three months after leaving the company. The commission depends on the items delivered each month so I not sure how much. I've done many projects which were supposed to be converted so im talking about few thousand pounds in total for the next three months. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, sorry my connection dropped earlier. The company should not use the post you made as an excuse not to pay your commission, especially if it was contractually owed to you. If they are trying to do that and refuse to pay you the commission you are due then you may wish to consider taking this matter further.
Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello Ben thank you very much for your reply I appreciate your advice. I sent an email back to the manager explaining that my posts shouldn't affect my commission especially I didn't mention any names or the company's name. I am not sure if I should deal with the HR department in my previous company first in case the manager still refuses to pay me my commission? Or shall I just follow all the steps you recommended? I am really confused about the law and if my previous company can actually have a case against me because of my online comments which were not related directly to work. I imagine unless I use someone's named in a post they can't prove anything? An I right? Thank you very much, I an really happy with your previous post.
Expert:  Ben Jones replied 2 years ago.
There is no harm to try the HR department first - it will not affect your rights If that fails then you may wish to consider the steps and issue the formal letters.
As to action the employer could take against you, to be honest they cannot really do much unless they have suffered losses as a result of your posts, such as lost business. This would be difficult to prove and is unlikely to have happened anyway. As such their position is not really strong n that respect