Q: My 5 weeks salary was paid at base pay only when terminated. No commission. About 58% of total compensation. Legal?
Out of state company. I am remote sales in St Louis area. Terminated with out cause. Pay structure was base pay, commission and bonus. They paid on base pay only which was about 58% of what I feel I was owed. Policy calls for vacation being paid on pay rate. I say pay includes commission. Be a bit more than $5,000. Figure I might take them to small claims court.
A: I suggest you confer with an attorney before filinig suit. Missouri has a great unpaid commission statute.
If you qualify under the statute and commissions are due, you might have a good claim for more than $5000. Without more details I don't know if you are entitled to more.
In addition, the problem with small claims court is that even if you have a trial and win your employer can then file for a trial de novo. A trial de novo is a complete do-over except that the rules of civil procedure apply. A trial de novo differs from an appeal to the court of appeals, where the appellant must show that the court committed reversible error.
Ronald J. Eisenberg
Schultz & Associates LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005
Direct: (636) 733-6647
Main: (636) 537-4645
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