When should you hire a Georgia Commission Dispute Lawyer?
You are working on commission and you are not being fully paid for the sales you have made. Or, your commission plan (the one that your employer made you sign when you agreed to the job) is not being honored by the company. Contrary to what you might believe, it is acceptable, and may be in your best interests, to hire a lawyer to represent you in regard to your commission dispute, even while you still work at the company with whom you are having the pay dispute.
Even though this may be necessary, salespeople are often hesitant to hire a lawyer while still employed for three reasons. First, there is the expense of hiring the lawyer and people often think they can work the situation out on their own. Hiring a lawyer for advice is usually not cheap, but it is often money well spent and can be viewed, in many instances, as an investment or as insurance from being taken advantage of by your employer. For instance, if you sense that you are going to be terminated and that the company will try to not fully pay your for the commissions owed to you, hiring a lawyer to advise you during this process can prove to be invaluable and well worth the expense. If there is a way to circumvent that situation or to negotiate a favorable payout before (or right after) you are terminated, this is something to consider. Second, workers fear retaliation for hiring a lawyer to confront their employer. That is a legitimate fear. But under many statues, an employer cannot retaliate against you for engaging in your legal rights. Often, when you hire counsel and your lawyer assists you in notifying your employer about a possible claim, you are engaging in “protected activity” as the law defines it. And even if your are not, it is sometimes best to hire a Georgia commissions lawyer to advise you behind the scenes to determine how strong your claims for commissions are; or how to structure your situation to put you in the best situation possible to get paid all of the commissions that are due and owed. In addition, if you are protected from retaliation and your company fires you anyway, they have just created an additional claim for you to assert, in addition to the cause of action that you have for the commissions earned but not paid. Finally, many workers simply don’t trust lawyers. While this may be the sad reality, the true fact is that there are many trustworthy lawyers who do their best to protect their clients’ interests and do what is best for the client. The best way to deal with the concern is to interview the Georgia Commission Lawyers and hire the lawyer who you feel comfortable with and trust.
The Company Has a Lawyer — So Should You
One thing to consider when thinking about hiring a lawyer to pursue your commissions claim is that the company almost always has a law firm on their side. To face this situation without a lawyer, even in the initial stages, puts you at a sever disadvantage. Many commissioned salespeople worry that they will be viewed negatively if they “lawyer up.” This is rarely true and, most times, companies treat those who have retained a lawyer with a bit more respect, at least that has been my experience. It seems counterintuitive that a company would view an employee in a negative for doing exactly what a company always does—which is get the benefit of good legal advice when needed in order to protect their legal rights and take action consistent with that advice, BEFORE a crisis develops.
If you are currently working for a company and are concerned that you are not being paid fairly, you should contact and experienced Georgia Commissions attorney to learn your legal rights. Many times the dispute is resolved quickly and amicably.
Call Today (404) 525-5150
Robert J. Fleming has been handling commission disputes for over 20 years. He practices in and around the Atlanta, Georgia area including handling lawsuits in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities such as Alpharetta, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you are involved in a commission or pay dispute and would like to discuss your case in complete confidence, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.