I work for a wireless retailer and at the time of Black Friday me and my co-workers were told from the 11/22 - 11/25 we would be receiving commission for the stores sales. For my store it’s only me and someone eles but we sold a total of 99 phones so I would get paid for 99 phone sales and the other guy would get paid for 99 sale But a week before I would get that paycheck my manager told me They changed their minds and we were just getting commission for our sales i experience this to my higher ups and got nothing so I’m trying to see if I have a case here?

  • What documentation do you have for the commission? Make sure you have a copy outside company control. – David Thornley Jan 10 '19 at 16:12
  • I do have proof of the of the sales from that time frame the 11/22 - 11/25 and for them telling us about the sale I don’t it in writing but I do have text from my manager stating me having a problem with the Black Friday sale commission and text from my co-workers about the what was stated during the time we were told about commission for the sale – Brettbrett17 Jan 10 '19 at 16:33

Can I go after my employer for false promises? New Jersey

Yes, to the extent that the employer is withholding commissions that had been agreed upon. The employer cannot unjustifiably change his mind after the fact (the sales). See here the legislative text of the New Jersey Payment of Wages law.

I am not knowledgeable of N.J. law and court rules, but beware that you might have to do what is known as exhaustion of administrative remedies by filing your complaint or grievance with the Commissioner of Labor (or the state Department of Labor) instead of filing a complaint in court.

Additionally, the situation you describe sounds in the torts of unjust enrichment (given the sales you made during that period), and breach of contract. See Vaughan v. Siegel, No. A-4681-16T2, Sup. Ct. of N.J., Appellate Division (Dec. 24, 2018):

A claim for additional wages is a breach of contract claim, which is subject to a six-year statute of limitations. Troise v. Extel Commc'ns, Inc., 345 N.J.Super. 231, 237 (App. Div. 2001); see also N.J.S.A. 2A:14-1.


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