Has anyone here had any luck filing a wage claim against a former employer? (2014, how much) - Arizona (AZ) - City-Data Forum

Rick Lee · 02-28-2015, 05:54 PM

My former employer pays commissions quarterly in arrears, usually two mos. after the end of the quarter. They don't provide commission statements or any documentation as to how they arrived at the dollar figure. The commissions are arbitrary and capricious and we find out how we did for that quarter by checking our checking account balance two mos. after the end of the quarter.

Although my offer letter states my base salary and the commission amount to be paid at 100% of goal, they gave us no goals, just said the payout at 100% is XX. Everyone, including managers, knows they just pay whatever they feel like and expect everyone to keep their mouths shut if they want to keep their jobs.

Now that I no longer work there, I want to file a wage claim for the difference between what they said I would earn at 100% of plan and what they actually paid me. I have very little documentation beyond my offer letter, and the employer cannot provide any record of my having underperformed. My two managers for 2014 always said I was doing great and I frequently asked them for reports, numbers and documentation of performance, but they always said they didn't have any. Since they're both good friends of mine, but still employed there, I doubt they'll be of much help in this case. So there's not much documentation and my case probably rests on whether my former employer wants to make up bogus documentation and submit it or just claim that I underperformed but was never disciplined for it.

Anyone have any luck with a wage claim and how much documentation did you and your former employer provide?

RichCapeCod · 02-28-2015, 06:23 PM

Depending on the amount of money you reasonably expect to be awarded after the litigation process will determine if you will be able to find a competent attorney who will take on your case.

Rich

Rick Lee · 02-28-2015, 06:24 PM

It's not a lot; it's just over the $5k limit AZ DOL will help handle outside of court.

observer53 · 02-28-2015, 07:23 PM

Then handle it through the state Labor Dept. I think they do a good job; it's certainly worth going down there with what you have and see where it goes.

Rick Lee · 02-28-2015, 07:42 PM

I don't want to get too far into it here, but I can't just ask for $5k because that's the limit they'll help me with. I am owed more than that and I have to document how I arrived at the figure. So just saying $5k is gonna require some creative accounting. I haven't ruled that out, but I'm trying to figure out a way I could arrive at that figure, since the difference between that and what I'm owed would not be worth the hassle of going through small claims court and paying an out-of-state process server to serve them

observer53 · 03-01-2015, 10:14 PM

Quote:

Originally Posted by Rick Lee

I don't want to get too far into it here, but I can't just ask for $5k because that's the limit they'll help me with. I am owed more than that and I have to document how I arrived at the figure. So just saying $5k is gonna require some creative accounting. I haven't ruled that out, but I'm trying to figure out a way I could arrive at that figure, since the difference between that and what I'm owed would not be worth the hassle of going through small claims court and paying an out-of-state process server to serve them

Have you talked to the staff at the Labor Department about your situation? That's the first thing I'd do.

Rick Lee · 03-01-2015, 10:17 PM

Yes, I have. They are a little weird, sending me email replies to questions I didn't ask. But they were nice on the phone and said they would help if I was claiming $5k or less owed and could justify that number.

Rick Lee · 03-03-2015, 11:26 AM

I spoke with an employment law atty. today who thinks I have a case, wants to know which of my former co-workers are willing to sign-on, but they want a $200 consultation fee to go beyond the 5 min. phone call we just had. I don't know if this is a cash grab on their part or if they just want to see if I'm serious. Checking with former co-workers to see if any want to split the fee with me.

RichCapeCod · 03-03-2015, 07:52 PM

Just a gentle reminder. The great French philosopher Voltaire was quoted as saying he was ruined twice in his life. Once when he lost a lawsuit and once when he won one.

Rich

Rick Lee · 03-03-2015, 08:16 PM

This ain't going to court. I got documentation today which makes my case iron clad. Will go through labor commission for this and the other side would be silly to fight it, as it will draw a lot more scrutiny than they want on their shenanigans.