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.
https://law.justia.com/codes/missouri/2011/titlexxvi/chapter407/section407912/
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
www.sl-lawyers.com
Direct: (636) 733-6647
Main: (636) 537-4645
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
