Ex-Employer Playing Silly Buggers with Commission

[poll250]

I left my employer of 13 yrs at the end of Feb, quite a small EMEA operation of 35ppl, privately owned and well funded. Everything seemed to be amicable. I had received a few promotions over the years, but my only contract was from 2006, stating 1Wk notice per year of service, with no max. My new employer required that I give 5 weeks notice, which they seemed to accept.

It was a regular account exec sales role with a defined territory,with an annual target, split into quarterly targets. Targets generally went up by 5% per year for everyone. A colleague left in December, and I was given their UK accounts to manage ( ~60% of their total accounts). The idea was that I was take over his accounts completely, and they would employ a replacement for to cover my territory.

I requested confirmation of my Q1 target via email and face to face, both before and after handing in my notice. I was reassured it would be similar to previous years and not to worry. I received my final payslip last week, which was commission only. It was much lower than expected, so I queried with Fiannce/HR. They responded with a spreadsheet which showed that they had given me 2 grossly inflated targets for Q1 2020: the one for my regular territory was +50% higher than Q1 2019, and another for the territory I was covering for my colleague, which was 137% higher than Q1 2019.

I clearly had no chance of hitting these numbers, and so have lost out on a significant amount of money at a difficult time for me: new job, + a self employed, pregnant partner etc. This feels like a punitive measure retrospectively imposed upon me for daring to leave.

I sent a couple of messages back to Finance/HR + Sales Director on the 20th without acknowledgment, so sent a further message to the CEO to make him aware of the situation and state my case on Tuesday 24th. I've kept all emotion out of it and just used facts and figures, hoping it was just an oversight. I've not even had a holding email back. Of course, I understand that there are a lot of things going on with COVID-19 at the moment, but the silence is dumbfounding....

What are my options here? Can they impose multiple 'fantasy' targets on me given the company only grew ~5% last year?

[Jasandjules]

What does your contract say about your targets etc?

[LarryD]

Nothing- My only contract was from when I started in Customer Services in 2006. I moved to Sales in January 2011.

[mondeoman]

what has been the average target uplift, y-o-y, assuming your area has stayed pretty much the same?

What were you expecting the target to be?

[Chozza]

How much of your target did you achieve ? and were you commission only

You gave 5 weeks notice rather than the 14 you were contracted to give.. how much would you be paid for the 9 weeks that they need to fill ?

Are they really being unreasonable ?

[Jasandjules]

Did you have an email that says your target would be similar to 2019?

[poll250]

mondeoman said:

what has been the average target uplift, y-o-y, assuming your area has stayed pretty much the same?

What were you expecting the target to be?

Max 5% uplift every year for the last 9yrs, same for all the sales people.

Chozza said:

How much of your target did you achieve ? and were you commission only

You gave 5 weeks notice rather than the 14 you were contracted to give.. how much would you be paid for the 9 weeks that they need to fill ?

Are they really being unreasonable ?

If it had been a 5% increase on last year, I would have hit both targets. Given the inflated targets i hit 70% of my own, and 38% of my colleagues.

Even if I had worked 6 months notice, it's the type of company that wouldn't start looking until 3 months after I left. I did my very best to ensure a strong pipeline both in my territory and the one I was covering.

If, at any time, they had said 'you're not giving your full notice, so we aren't paying you commission' that would a different story. My issue is that they have retrospectively put unattainable targets onto to me, and then ignored me.

Jasandjules said:

Did you have an email that says your target would be similar to 2019?

No, just verbal.

[DocJock]

I'd be asking former colleagues if they have had similar, large increases in targets.

If not, you surely have evidence that your treatment is unreasonable?

[poll250]

DocJock said:

I'd be asking former colleagues if they have had similar, large increases in targets.

If not, you surely have evidence that your treatment is unreasonable?

Everyone I've spoken to had the regular 5% uplift.

What are my options though? I don't know who to turn to - an employment law solicitor?

anonymous said:

[redacted]

The last change to the complan structure was in 2015.

[Pieman68]

If you have no contract stating any commission structure and nothing in writing in relation to targets etc. the I think you're in a very difficult position

Add to that that even if you do have a contract, from experience the majority of them state that commission schemes are discretionary and most don't apply post departure - I've only ever worked for one company that paid me what they owed me after I left

I may be completely wrong but I would think from an employment law point of view there is probably very little that you can do

[Jasandjules]

I suppose the question becomes what steps are you willing to take to seek to obtain your commission that would ordinarily have fallen due.

Applying retrospective targets is, well, interesting....

[clived]

Pieman68 said:

If you have no contract stating any commission structure and nothing in writing in relation to targets etc. the I think you're in a very difficult position

Add to that that even if you do have a contract, from experience the majority of them state that commission schemes are discretionary and most don't apply post departure - I've only ever worked for one company that paid me what they owed me after I left

I may be completely wrong but I would think from an employment law point of view there is probably very little that you can do

Discretionary doesn't mean they can be discriminatory. If the company chooses to not pay anyone, or change everyone's scheme in the same way, that is basically fine, and you can vote with your feet as a sales person. They can't use it as a weapon against an individual. If the amount is worth it, get legal advice for sure. Ideally you have legal cover with your house insurance.

[Sheepshanks]

Roughly, how much short are you?

[Sa Calobra]

Sucker up I say if your contract says nothing. My contract went further and said all commission and bonuses were discretionary. Luckily my employer at the time came to an agreement (three month notice) that anything I billed I'd get otherwise I'd sit on my hands for three months.

Previously I was in your position and got zip.

Both companies were terrible places to work.

Before changing career I worked in one last place and they gave me an annual bonus after I left. That was a great company though.

It's galling I agree as you made them that money and earnt that money. However you should have clarified when you moved position but then you didn't know that then. Don't look backwards and blacklist them from any future dealings.

Edited by Sa Calobra on Sunday 29th March 08:20