Attorney Robert J. Fleming has recently obtained a confidential settlement in a Georgia commissions dispute case. The Firm represented a commissioned salesperson in this dispute which arose when the employee stopped working for the employer. Upon separation, the employer refused to pay full commissions on sales that were made by our client prior to termination, but not yet paid to the employee.
This is a common scenario which we have encountered many times. There are a number of Georgia laws and statutes which require the terminated employee to receive full compensation upon termination. However, the employer frequently takes the position that they will make no more payments upon termination unless the employee signs a “termination agreement” which usually offers a nominal separation payment in exchange for an agreement not to sue or a complete release. From the employee’s perspective, taking this payment is usually not a wise move, even though the temptation is there to take the easy money being offered.
The reason: If the terminated employee takes the payment and signs the “separation agreement” his or her right to sue the employer for most causes of action is, in most cases, lost forever. Under the law, you have a right to full payment of all monies that have been earned and are payable to you upon termination — and you do not have to sign anything in order to get this money. It is prudent to hire an experienced Georgia commission disputes lawyer who can analyze your situation, the facts of your termination, the potential causes of action you may have, and the law in Georgia is it relates to all of these factors. Only then, can an informed decision be made as to whether the terminated employee should sign any of the documents that have been presented to them. There are many legal theories which support the full payment to a terminated employee of all commissions earned prior to the termination. Simply because the former employer is taking the position that they will not pay all of the commissions earned, does not make it correct or legal under the laws of Georgia and other federal laws that may apply to your situation. Many companies take this position with every terminated commissioned salesperson and pay the full commissions owed only to those who hire a lawyer and threaten to sue the company if they do not pay the full amount owed. They consider this a “cost of doing business.”
We are committed to applying both federal and Georgia wage laws in order to allow our clients to fully recover the money they are owed when pursuing a pay dispute or commission dispute. Many times, a terminated Georgia worker is not aware that they are protected and that they have a valid legal claim.
Robert J. Fleming is an experienced Georgia trial lawyer. In addition to a law degree, Mr. Fleming has earned an MBA in finance and he has successfully litigated many important cases. This unique skill set has enabled Mr. Fleming to achieve record successes in this area.
If you would like to discuss your case with us, please call Robert J. Fleming, directly at (404) 525-5150 or contact us online. We are here to help.