What can I do... (legally)

Question

My boss promised me 4 weeks paid leave and to use my 2 weeks vacation to total the 6 weeks maternity leave last year when I talked to him about my husband and I planning a family.

When I told him I was pregnant in February he told me in order to have paid maternity leaave I would have to give up my commission until jan. 2017. (I'm salary+commission in an Insurance sales position)

So since February, I have not got paid a dime of commission and only paid my salary and last week he told me that he just couldn't afford it and he couldn't back pay the commission he has already took that I would just get paid commission for the next 2 months (so that would give me an incentive to work "harder" for the commission)

I cant explain how upset, mad and hurt I was when he told me this. I manage the office on the same salary as a regular sales associate. And have been for two years. We had a pretty big falling put and I was told that if I want consistency then go work for a cooperation...I work for STATE FARM!   I know the offices are independently ran by the agents but yes, it is a cooperation and no employer should ever be as inconsistent as he has been. Now I'm searching for a job because I'm terrified that he will replace me during my leave to find someone "cheaper". Who is seriously going to hire a 7mo. Pregnant woman?

...if anyone has read my posts this is the same boss that found out a girl waas pregnant in the office and TEXT her and told her not to come in again until he needed her and she worried herself sick about how she was going to pay her bills and lost her baby at 2 mos.

I have no drive to go to work for him anymore...i have to pep talk myself into going to work because my husband and i need it for the baby coming.

I just can't take it...ND I'm scared to take legal action because I could still lose my job and be without pay.

Answer

Being that you work for a division of state farm I'd contact a corporate office. They won't want this mess attached to their name. They may be able to fix this situation for you. If that's not an option I'd contact the division of labor in your state. They can give you information on what can be done, if anything. You'll need to see an attorney who deals with labor laws. Do not try reasoning with your boss. Handle this legally. He'll wish he hadn't screwed you over!

Answer

Gather all your documentation of not getting paid commission and if you have anything in writing reguarding the agreement that was made, make copies keep the originals and submit them to Corp and HR and if nothing is done talk to a lawyer present the evidence and sue for what you lost plus more. If you have all that then your case is an open and closed one. Good luck Momma

Answer

Do not be scared to take legal action. Just be sure you keep it to yourself. He can not take away your lay and then just not give it back to you when things don't work for him. Contact a lawyer asap!

Answer

Are there more than 50 workers where you work? If so you are covered by FMLA. You won't get paid, but he can't fire you. Do you have a contract from when you originally started working with your agreement about salary and commission? If you don't have documentation it's really just he said she said and you won't get anywhere. I'm sorry you are going through this. Very stressful for a pregnant lady.

Answer

Thank you for all the responses!!! It's tough going in every day...I just feel like I'm sticking my tail between my legs and letting him run over me more. I just have to stay to keep the nome until I can find something else. I was extremely worried about interviewing pregnant...I had my first interview after work yesterday and the woman told me she saw it as courageous a pregnant woman looking for a job to provide for her family rather than just quitting and she offered me a job. Unfortunately it wasn't the pay that I have to have but she gave lots of words of  encouragement for the next interviews :) hopefully I can find a good opportunity for after maternity leave and stick out the next 3 months until little ava gets here to at least get my 2 weeks vacation I've earned. I feel like I at least deserve to take it before I leave. (And that IS in writing that he haas to pay that). I believe the moment I find something else I will take legal action against him. For me and all the other wonderful 17 employees that have come and he has let go for "not affording" them over the past 2 years.

Answer

This is a messed up situation but if none of this was in writing I'm not sure how much you can legally do. He stole your commission but unless you have some kind of proof that he took it I don't think you'll ever see it. If I were you I'd leave that company now. It will be hard to find another job at this stage but you gotta have some self respect. He played you and it sounds like he couldnt care less about how you end up financially or emotionally. Is there anyone else higher up you can talk to about your boss because he needs to be reported at the very least. I really hope things start looking up for you soon.

Answer

I'd go talk to a lawyer, it wouldn't hurt.

Answer

Contact Corporate HR as soon as possible. Ask to speak to someone in Employee Relations directly. There should be a no retaliation policy with your company. You should be able to receive an explanation without your boss being involved if he is following company policy. If they have to investigate, the retaliation policy helps.

I would contact a lawyer either way ASAP. This sounds like a major violation of your rights.

Answer

Do you have anything in writing?? This is horrible I'm sorry. I'd definitely get a consultation with a lawyer to see your options and possibly even bring that other woman who he obviously discriminated against also. It shows a pattern and might make your case stronger. Good luck :(

Answer

I agree with others, I hope you have some evidence in writing otherwise there is not much you can do unfortunately :-( I made this mistake with my first job, it was horrible.

Otherwise I agree with another post too, stop talking to him and seek outside assistance through corporate, HR, and lawyer... He is out to screw you over.

I would also keep your head up and motivated about finding another job, I think it would be highly beneficial for your personal well being to find another job as well. This is just an unhealthy work environment all around. So sorry but I was in the same boat and stuck with a job that I shouldn't have, got majorly screwed over... And my mental health was affected too. Almost ended our engagement, don't let your job ruin your career or mental health! I'm happily in another job now and know how to watch my back too sadly but lesson learned

What can I do... (legally)

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