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I’ve been a sales Manager at my employer for a little over 2 years now. It is an extremely large insurance (company A) company, but still has very inadequate information systems and its departments/management are so dysfunctional to the core. I plan to leave the company as soon/if another opportunity arises. My problem is this: They owe me $- about $12,000-not so simple though. As a former insurance agent, I collect monthly renewal checks from various insurance companies, INCLUDING the one that currently employs me. One of the agencies that I previously did Company A business with basically had my business signed over to the owner and he cuts me my portion each month- very happy about that.
However, another agency that I used refused to do the same because they don’t consider it to be “ethical” and they won’t give back the business to Co A as requested by Co A. As a result, I lost 8 months of renewal compensation that I’ll never see because it can’t be paid retroactively. Internal company (Co A) departments and internal (Co A) Agency liaison have all tried in vain to get me the owed $, but the agency did not budge. The ONLY reason why I receive the monthly compensation now is due to a computer error in my favor!
When I took the job, I NEVER dreamed that I would have trouble collecting Co A renewal commissions from the very company A who would employ me! Since I believed that, I don’t see anything in writing in the original job offer paperwork. It was verbal when I asked my manager about receiving renewal commissions, but I was more concerned about the OTHER COMPANIES. I have found e-mails from coworkers and boss where I asked about the missing renewal comp, all with short replies. Most information was obtained through telephone convos since it was easier to understand the details. Nobody knew that this would happen. I blame it on the company’s clunky process of doing things.
In the meantime, I’d like to collect more meaty information through e-mails in the near future with an Accts Pybl coworker that I have talked with and trust. She already knows about the current “error” that results in my monthly renewal checks and hasn’t blabbed so far. My hope is that she will reply/repeat through e-mail so that I can have some “proof” as to what I’m saying.
It upsets me that my employer is part of a MULTI-Billion dollar company, yet won’t even just cut me a check for $12,000!_ chump change to them.
If I try to get resolution, it might blow the lid off of the “error” that results in my monthly checks. Due to a 6-year limitation on compensation, the bulk of those renewals will end in January 2021.
Any thoughts?
Last edited by Hopeful for Life; 05-27-2019 at 08:13 PM..
If they do find the error will they ask for the money back? I'm sure you know anyone can promise you the world but it's the contract that speaks the loudest. Good luck and speak with an Attorney.
Lol. It’s a complicated issue to be sure. You almost have to be from the same industry to understand. I tried my best to explain already.
Your beef is with the wrong entity - CoA has properly paid out the renewal commissions to the Agency of Record... well, at least they were in the past. Now they're in violation of the commission agreement with the agency.
The party that is obstructing your payment is NOT your employer, but the former agency you dealt with. They're the ones bogarting your pay.
So if I follow, you were supposed to be paid, but never had a contract (it was all verbal), you were getting money from a company when you shouldn't have been (there was a computer glitch that you hid), and you want to sue to bring to light that you were not paid for the portion of the verbal contract, but you want to keep hidden the fact that you never reported you were getting paid when you shouldn't.
Two questions.
1. Legally speaking, what written contract do have that defines how you are paid?
2. What on earth were you thinking when you didn't immediately report a computer glitch that was paying you money?
So if I follow, you were supposed to be paid, but never had a contract (it was all verbal), you were getting money from a company when you shouldn't have been (there was a computer glitch that you hid), and you want to sue to bring to light that you were not paid for the portion of the verbal contract, but you want to keep hidden the fact that you never reported you were getting paid when you shouldn't.
Two questions.
1. Legally speaking, what written contract do have that defines how you are paid?
2. What on earth were you thinking when you didn't immediately report a computer glitch that was paying you money?
My acceptance letter mentions my base, commission, moving allowance, etc which make up compensation. The renewal commissions never came up because it was MY MONEY on the side as an independent. Nobody at the Company could foresee that the Agency would refuse to cooperate. It’s not very common for a former agent to work internally with a Company, so it doesn’t happen a lot. That’s why I never gave it a thought.
The computer glitch assigned the business to my other agency who IS paying me. The company that I work for is so incompetent that it could very well be the ONLY WAY to get at least partial compensation. To bring it up would most likely be tantamount to getting NOTHING.
The question is what does your contract with the agency you previously worked for say about your rights to renewals after you have left their employ?
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