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I worked as an insurance agent for my employers insurance agency for 2 1/2 years. I made a base salary and commission. We were told December 28th by our employer that he was closing his doors at the end of the year and we would be let go. Yes, a 2 day notice! To try to make up for this 2 day notice that I would be out of a job, he gave me and my co-workers a 2 week severance. The next day I had an life insurance policy issue. I asked him if I would be receiving the commission from the sale as it is quite large and he said yes. It is now 5 weeks later and I'm still waiting for that payment. I emailed him last week and he has not got back to me. He can't use the severance as an excuse not to pay me as my co-workers also received a severance. I spoke to our life insurance rep and I know he will be getting paid on this sale that I made. What can I do besides trying to contact him again?
Were you an official (legally defined for normal employment purposes) employee of the company or a statutory employee (under the IRS statutory employee authorization for Insurance Agents), or an independent contractor?
Were you an official (legally defined for normal employment purposes) employee of the company or a statutory employee (under the IRS statutory employee authorization for Insurance Agents), or an independent contractor?
I was an official employee, not statutory or contract. So this is actual income that he owes me as part of my pay.
If a traditional "employee", send a demand letter for the money with a deadline to receive it. If you get nothing, file a traditional unpaid wage claim with the State Agency that regulates wage and hour issues.
If a traditional "employee", send a demand letter for the money with a deadline to receive it. If you get nothing, file a traditional unpaid wage claim with the State Agency that regulates wage and hour issues.
Thank you for the advice. He was a great employer up until the 2 day notice! I could use this extra money so I'm not going to let it go. I've never had an employer do this before so it's all new to me.
I worked as an insurance agent for my employers insurance agency for 2 1/2 years. I made a base salary and commission. We were told December 28th by our employer that he was closing his doors at the end of the year and we would be let go. Yes, a 2 day notice! To try to make up for this 2 day notice that I would be out of a job, he gave me and my co-workers a 2 week severance. The next day I had an life insurance policy issue. I asked him if I would be receiving the commission from the sale as it is quite large and he said yes. It is now 5 weeks later and I'm still waiting for that payment. I emailed him last week and he has not got back to me. He can't use the severance as an excuse not to pay me as my co-workers also received a severance. I spoke to our life insurance rep and I know he will be getting paid on this sale that I made. What can I do besides trying to contact him again?
Sue him.
That's the only other option. Send a certified letter asking for payment within a reasonable time period, and if you don't get a check, head to court.
Thank you for the advice. He was a great employer up until the 2 day notice! I could use this extra money so I'm not going to let it go. I've never had an employer do this before so it's all new to me.
If an IRS Insurance Agent Statutory Employee or an IC, your contract would be the governing document. But, as a traditional employee, state wage and hour rules apply. The only trip-up is that commissions are not payable upon termination when they are dependent on the actions of another, such as the issuing carrier paying your boss the commissions.
To ensure there is no delaying tactics, figure out the normal lag between when the carrier pays out the commissions to your boss and your boss pays your portion to you. That is the basis of the deadline in the demand letter and any subsequent labor complaint. Employers are notorious in delaying paying commissions claiming they have not yet been earned or not due to be paid at this time. But, if you know the lag, their argument right goes out the window.
If an IRS Insurance Agent Statutory Employee or an IC, your contract would be the governing document. But, as a traditional employee, state wage and hour rules apply. The only trip-up is that commissions are not payable upon termination when they are dependent on the actions of another, such as the issuing carrier paying your boss the commissions.
To ensure there is no delaying tactics, figure out the normal lag between when the carrier pays out the commissions to your boss and your boss pays your portion to you. That is the basis of the deadline in the demand letter and any subsequent labor complaint. Employers are notorious in delaying paying commissions claiming they have not yet been earned or not due to be paid at this time. But, if you know the lag, their argument right goes out the window.
Exactly! He received his commission at the end of last month. He has no excuse not to pay me my owed share as I was still employed at the time the policy issued.
I worked as an insurance agent for my employers insurance agency for 2 1/2 years. I made a base salary and commission. We were told December 28th by our employer that he was closing his doors at the end of the year and we would be let go. Yes, a 2 day notice! To try to make up for this 2 day notice that I would be out of a job, he gave me and my co-workers a 2 week severance. The next day I had an life insurance policy issue. I asked him if I would be receiving the commission from the sale as it is quite large and he said yes. It is now 5 weeks later and I'm still waiting for that payment. I emailed him last week and he has not got back to me. He can't use the severance as an excuse not to pay me as my co-workers also received a severance. I spoke to our life insurance rep and I know he will be getting paid on this sale that I made. What can I do besides trying to contact him again?
Why don't you call a lawyer and get the real skinny? Why waste time on it?
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