Waiting for outstanding payments
Dear Claudienne,
From 2019 to 2021 I worked as an independent contractor/ full-time sales representative/executive for a telecommunications company.
My contracts stipulated that I would receive a monthly commission in two portions. Based on the terms of the contract I was entitled to 70 per cent of the commission payable and the remaining 30 per cent was due 90 days after the customer was billed for the service.
However, I noticed that there was always a delay in paying me the 30 per cent whenever it became due. But based on the nature of the industry and being a team player, I patiently waited for months sometimes to get the 30 per cent commission payment.
Initially, although there was a delay, the payments were usually received, but over time the delays got longer and longer and the company became less transparent in providing me with the reports and updates that were crucial to the commission payment process. The business relationship between me and the telecommunications company deteriorated and even the 70 per cent payments were delayed on a few occasions.
It also took days, weeks, and months of e-mail and follow-up for the company to pay me portions of what it owed me.
By this time reports that the company used to share with me on a monthly basis were no longer being shared in a timely manner. Also, to make matters worse, some of the reports I received were not accurate and it became difficult for me to know when to expect payment for my sales.
At the same time I was being pressured to consistently meet their monthly targets and also support my fellow employees as I was one of the most experienced representatives.
As a result of these problems I decided to terminate my contract of employment to this company. Since the termination I have not been able to get the company to pay monies owed to me and I have still not received several months of payments due to me.
This job was a full-time position and the main source of income for my family and financing my studies to obtain a degree.
Since I resigned from the company they have refused to pay me or to provide me with a copy of the reports that would enable me to obtain information on my rightful earnings.
I tried to use the services of an attorney to get the monies owed to me, but the company’s response was that the telecommunications company to which they were contracted owed them money.
Although my contract indicated that I would receive periodic e-mail updates, since my resignation I have only received one e-mail from them.
In the response to the lawyer they agreed to pay less than one per cent of the amount owed to me but have not provided any of the usual e-mail reports I should get to be able to substantiate the payment I have received.
They have also requested me to settle the matter outside of the courts.
I would appreciate your assistance in this matter.
QWG
Dear QWG
Tell Claudienne has been in communication with the telecommunications company to which you were employed and notes that you have received a favourable response.
You have sent Tell Claudienne the following e-mail:
“I just want to take the opportunity to express my sincerest gratitude. Your intervention has truly made an impact. In fact, the company has made remittance for a portion of the outstanding funds in August 2022. While I have not received any form of communication from them, I now have access to the relevant files to review and reconcile accordingly.”
We wish you all the best.
Have a problem with a store, utility, a company? Telephone 876- 936-9436 or Cell # 876-484-1349 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com