I've never had to deal with anything like this before, so I'm hoping the hive can help me out.

I was terminated from my sales job on 3/16.  The HR rep told me it was for performance, though I had never had a bad performance review or been told my performance needed to improve, and the HR rep couldn't tell me or provide examples of what aspects of my job were being performed at a sub-standard level.  Also, I was the 1st rep in the company (40+ reps) to hit their H1 quota, so I was crushing it from a sales perspective.  So being fired was definitely a huge surprise to me.  During the exit interview I was told I would be paid all of the commission due to me for deals I had closed to that point.

5 minutes after the termination call a HUGE deal I had been working on was executed and a signed contract was emailed to me by the client (they hadn't yet shut my email off at that point.)  This was a deal I had been working on for 6 months.  I emailed the HR director and she confirmed that I would be paid commission on that deal, and that it was approved by the SVP of Sales.  The total commissions they would owe me would be approximately $50K for the first quarter, and the large deal I referenced was worth approximately $38,000.  This was to be paid out on 4/23.

On 4/22 I noticed I had a pending direct deposit in my bank account for $10k and change, so it was obviously missing the $38K commission for the large deal that they had agreed to pay me.  I immediately emailed the HR rep and was told that the SVP's decision had been overridden and they were going to pay me for all of my deals except the large one that was closed on the day I was fired.  I did not responded to this email and a few days later she sent an unprompted email stating they would pay me in a year once they made sure that the first year's deal value matched or exceeded the company's estimate.  So, it looks like they are stringing me along.  I have talked to 2 law firms and they have both decided that they didn't want to deal with it.

So what now?  Do I have any other recourse?  $38k is a lot of money to get screwed out of.  Is the Kansas Labor Board worth a damn for stuff like this?

Another note:  one of my colleagues has told me that my former boss is getting credit (and presumably commission) for the large deal.  This boss was recently demoted and went from managing 4 reps to managing 3 reps and having a sales territory and quota for herself.  She was catching heat in Feb and March for not selling enough so at this point I'm assuming she fired me so that she could take over my large deal as well as my pipeline which was very strong.  The large deal alone would have gotten her to her quota for the first half of the year.

I can't help but that is fucked up, I would go scorched earth (legally speaking). Good luck OP

Not an attorney at all but fuck them all. I would love to know the name of the company so I can avoid doing any sort of business with them. I hope you fucked them but good. They started it!

Did you try fucking her husband to establish dominance? I would at least start there.

Interesting option that I hadn't considered.  Also, she is divorced...I presume because she is a miserable person to be around.

You might be fucked but you can fuck them back. Call all your old buddies and clients and let them know how fucked up it is. Ruin their reputation. And get a job with the competition or go out on your own

I am not a Kansas attorney and this may be pretty state specific. A former associate does employment litigation in the KC area.  If you are interested let me know and I will put you in contact with his and his firm.

Go talk to a lawyer. That’s what I did.

I was terminated 3/19 for “performance”. Which is strange, because I was doing quite well. At the end of the conversation with my boss, I’m told “the door is still open”. I’m also still getting paid commissions on deals I put together which is strange.

They also terminated me after I fell at work. Unfortunately, they automatically filled out an L&I claim which I wasn’t going to do anything with.

All very strange.

Just go work for your competitor

Hopefully you don’t have a non compete, they can make those stick for sales jobs

In another thread where a members wife wasn’t getting paid everyone said to go to the state labor board(I think it was) because they don’t mess around. Your situation is different because of the termination and the commission but it might be worth a try. Apparently they wield a lot a power.

OP, get a labor/employment attorney ASAP.

Also, how old are you? Are you over 40?

Is waiting a year to see if a 'deal value matched' standard practice? If not it sounds like they are screwing you.

Being fired 5 minutes before a deal closes does not sound like coincidence. I would bet the people above you knew the deal was going to close and they wanted you out the door right beforehand.

I know that at my employer i could contact the ethics hotline with a situation like this and it would be investigated and resolved quick. They don't want unethical/illegal behavior that would open them up to a lawsuit. A lawyer is going to cost you a few bucks. Worth it if you can get your money with a threatening letter. Maybe not so much if you have to drag them to court.

Short term gain (not having to pay commission on a large sale) versus long term pain (loss of that salesperson, legal actions etc)

Never ceases to amaze me how dumb, shortsighted and egotistical some owners and middle to upper management types can be.

Watched a guy torpedo his own successful and rapidly expanding business because his ego couldn’t tolerate that his top sales guys were making more then him.

I know someone who is getting a similar shaft but to the tune of $3,000,000. He of course is suing.

No they cant

For 40 grand it would be worth a call to an attorney which will cost you 1-400 bucks.  Call them and see what they think.  They will tell you if your fucked or not.  What kind of company is this? I don’t need a name just a industry.  Sounds a lot like what my brother went through with a company in sales.  I have a suspicion of who it may be if they are world wide

Check with the state.  Often the person is worthless, but occasionally you'll get one who knows what they are doing and will tell you the best way to solve the problem...or if the problem can be solved. I used to deal with Kansas and I know the state is very pro-employer. What you'd win in Illinois you'd lose in Kansas.

Medical technology.

State labor board would be my next call.

In Kansas they can fire you for anything but they have to pay you.  Since you have email records it should be an easy case to make.

Best way to go about it depends on how is your relationship with the customer?  If good then I'd ask them to help you. One call from them to your former employer with concerns about how they do business or the deal itself should clear it all up. They (customer) sure as hell don't want anything to do with a lawsuit. They can put the pressure on your former employer.
Don't be vindictive, be smart about it.

That last paragraph is the answer.

Go on…I’m listening…

Forward any pertinent work emails to your personal account. Obviously nothing that’s protected or private or proprietary. Read your employee handbook.

National labor relations Board deals with labor issues including payroll. Also contact the state employment office at the same time.  This will help. I would also file for unemployment as there is no reason not to do this.

Let the customer know they boned you out of a commission?

Holy shit I would go scorched earth on these motherfuckers. Contact the state labor board for a start. See if that will do anything. If that turns up nothing, contact more attorneys.

Failing that, if you can work for the competitor, do so and steal as much business as you can from them. I know in CA non competes are basically worthless, and after I left my last employer I took two big accounts to my new employer.

If you had good relations with that account, and you work for a competitor, casually mention what happened without sounding like you're crying about it or talking shit excessively. Maybe they'll get disgusted and cancel the agreement or not re-sign when it comes time and go with you.

Fuck these motherfuckers. I sincerely hope you get what's due to you and they get FUCKED. Companies everywhere are "desperate" for workers and yet they still pull this kind of shit day in day out. Fuck them all.

I wonder if anyone will come in to defend the company and the management by reminding us "their business their rules".

Non compete clauses are unenforceable in many states if you are terminated. It would essentially deprive you of the ability to earn a living.

The labor board is not going to like someone being fired for performance on the same day he signed a deal that would have paid him a large commision.  I would go that route first.  Also save any communications you had with HR stating they would pay you in a year.  That is admission that they own it.  Board will probably make them pay now according to written pay plan.

Not a lawyer.

I would make contact with someone higher in the company. Tell them It was dirty of her to fire you so she could take the credit for your work and make the numbers she was taking heat for not producing. No matter if this works out for you. Anything they say in the reply may help your case.

If you don't get made whole, then go scorched earth and tell us the name of this piece of shit organization.

You could always take a giant shit in the middle of deal. You never know, the client could cancel if they knew what happened.

State labor board and maybe your local representatives and congress critters. Attorneys after.

Surprised you met with two lawyers and they told you they won't pursue it.

Do they know something we don't?

Ya think????

OP

Read this then call Kansas State Labor Board

State labor doesn’t fuck around with deadbeat shifty employers they will ass rape them and get you paid.  They get off on the power trip or it

Direct from Kansas Statutes
http://kslegislature.org/li_2014/b2013_14/statute/044_000_0000_chapter/044_003_0000_article/044_003_0015_section/044_003_0015_k/

44-315. Separation prior to payday; damages for willful non-payment. (a) Whenever an employer discharges an employee or whenever an employee quits or resigns, the employer shall pay the employee's earned wages not later than the next regular payday upon which he or she would have been paid if still employed as provided under K.S.A. 44-314 either through the regular pay channels or by mail postmarked within the deadlines herein specified if requested by the employee.
(b) If an employer willfully fails to pay an employee wages as required by K.S.A. 44-314, and amendments thereto, or as required under subsection (a) of this section, such employer shall be liable to the employee for the wages due and also shall be liable to the employee for a penalty in the fixed amount of 1% of the unpaid wages for each day, except Sunday and legal holidays, upon which such failure continues after the eighth day after the day upon which payment is required or in an amount equal to 100% of the unpaid wages, whichever is less. For the purpose of such additional damages, the failure to pay shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he or she is adjudicated bankrupt upon such petition nor shall it be deemed to continue after an appeal is filed under K.S.A. 44-322a, and amendments thereto, until the decision on appeal becomes final.

This.  It seems pretty clear that they fired you so they didn't have to pay you the commission.

Holy shit... this is a good one, if possible.
I could see the new client unlikely to want to get involved in a personnel matter, though. So this only works if OP had a really good relationship built up before signing. (which is very possible)

Contact the client that signed the deal. Make him a better deal.

Also, it may be worth sending an email to the CEO or BoD of the business, letting them know that their top-performing salesman was fired for unknown reasons.
I have seen this send shockwaves downhill before.  It won't get your job back, but might put the person who fired and replaced you onto thin ice with the company leadership.

Fired for “performance” with zero proof. Five minutes later a mega deal you handed goes through & the shitty boss gets the commission.

I’m betting HR is pissed they forgot to turn your email off.

And yes state labor board.

And instead of working for a competitor, can you get a job with the big deal client?    That might really piss off the old boss… especially if you can direct sales to another company that way.

Any company that is receiving PPP assistance can't lay people off.  Thus a lot of them (faced with shrinking sales/margins) are doing abrupt severances "for cause."  Look up your company on the PPP site. It will give you significant leverage if they're there.

Interesting. Not just as it may relate to the OP but in general.

I spent a good long while working in a small, private business. That’s not the case anymore.

I’m looking to do some consulting and I was reading through my onboarding papers and my non compete to make sure it would be on the up and up.

It got me wondering how I’d be able to find work in my industry if I left.

Sorry to hear, OP.  Try finding a different lawyer.  Your case may be small potatoes to a lot of law firms, but it's a lot for the shafted former employee.

Besides pursuing legal recourse in a mature, reasonable manner, I would do this.

Whom ever you talk to, I would thank them for the opportunity and the experience and for allowing you to represent their company/put food on your table/blah/blah. Don’t go used car salesman, just sincerely express your gratitude for the opportunity.

Then politely tell them that you felt that you were unfairly terminated and why, as well as that they were losing a high performer and someone who genuinely cared about doing right by their customers and them.

Thank them one more time and hang up.

Heads will roll.

Commissions aren't wages. Whether or not non-competes are worth a shit depends on the state and some extent the industry. Telling a med device salesman that he can't work for a competitor is basically telling him he can't work. Taking customer lists or contacts is frowned on though.

State dependent and yes they can in Texas.  No idea on KS.  

However, if HR confirmed he was to be paid OP has an email confirming that it would make for an interesting fight.

Holly shit. I know two other people in your trade that had the exact same thing happen to them.

In some cases commissions/bonuses are treated differently than wages.  I'd do some more digging on that issue as it relates to commissions.