Employment Contract / Compensation Question
Posted in the Human Resources Forum
#1 Oct 25, 2013
I am a Business Development Manager. I am paid a commission on the business I generate; 3% of the initial fee when the deal closes, and then 2% when the service goes live. When negotiating my contract and compensation with my current employer via email, I asked the following question;
"What is the company's policy on payment of commissions post employment, specifically the 2% at 'go-live' of the service? For example, as of today with my current company I have $150K that will 'go-live', by EOY. They will still pay my commissions on this after I leave the organization to join your organization. Is this something you will agree to?"
The response I received the the hiring executive was: "We will agree to that."
This language was not included in the physical contract signed however when I signed I hand-wrote "*See attached email" and scanned the signed contract with a printed copy of the email. My assumption was that an email is in writing and his agreeing to how they would compensate me on outstanding commissions was sufficient. Am I correct in this situation?
I am in no danger of losing my job (top performer- consistently) but am contemplating making a move. I specifically used the words 'post employment' in my request to him - as opposed to quitting or getting fired - in hopes of accounting for either situation. In this instance , are they obligated to pay me these commissions? If I were to get fired, are they obligated to pay me these commissions?
If they refuse to pay me in either situation do I have a winning case if I pursue legal recourse?
The company is based in Chicago. I office out of my home in Houston, TX.
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