Employer withholding “discretionary” dollar amounts.?

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Until last week, I worked as a sales manager for a mortgage company in Scottsdale, AZ. I managed a team of loan officers who worked on leads purchased by the company. I didn’t not ever personally utilize the company provided leads and had referral business. My contract stated that I would be paid 70% of the gross revenue generated on my own business. It also stated that I would be paid a management “override” on what the team I had supervised produced less certain percentages of their marketing expense. There were 2 separate components to my pay plan.

When negotiating my position, I made it very clear that I would not want my own production affected adversely in the event the team’s production wasn’t enough to cover their costs. My pay plan was written this way and addressed the 2 separate components of my pay plan.

My team’s volume fell short during a couple months and my Manager withheld close to $ 7,000 of my pay that would have fallen under my separate 70% plan. This was against our verbal and written agreement, but I was told (by her) that she can withhold whatever she deems appropriate.

Do I have any recourse?

2 Comments
  1. Reply
    rwa000
    April 30, 2011 at 1:17 am

    if you truly have a written and signed employment contract not a written offer, then they would be in breach of contract, you may try your local labor board but it seems you will need an attorney for this, keep in mind employment attorneys usually do not work on a contingency basis. it would be up front money

  2. Reply
    Melinda Mcclauvsky
    April 30, 2011 at 1:32 am

    It is good to be inform than to be deformed, I’m Melinda Mcclauvsky the chief Accountant of Amiga Corperation, Spain. Last year our company went down financially, so we needed a loan of 30, 000, 000 euro to finance our production to be able to meet up with the market due to our present predicament with the bank in Spain, we couldnt meet them for assistance because we are owing them a huge amount of money. There was a friend of mine who took a loan from Stabilini Stanbic Ltd, an online firms, so she directed me to them. I told my boss about them, so he decided to dicuss it with the management first, after their conclusion, they concluded they should give it a try because they have no any option left.
    So I was told to contact them and our application was approved and we got our loan that help us to get out of the mess we passed through the years and we cleared all our debts. One interesting thing about them is that they give 3,500 euro bonus at the end of they to any old customer who can refer 10 people to them.
    If you are here and in need of financial/loan assistance of any type contact the Manager Antonio Martinez on their email stabilini_stanbicltd@hotmail.com
    Please try and mention us to them so that we can be able to get the yearly bonus at the end of the year.
    Thanks

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