New England Personnel of Hartford, LLC

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Kathryn "IS BEING A BIG PRODUCER A JOB GUARANTEE? NOT ALWAYS!!"

Dear Kathryn:

I feel like I'm on a free-fall rollercoaster ride, blinded by the wind and smoke my boss blew in my face when he first hired me.
When I first started here in sales, a beautiful picture was painted as to the incredible commissions I would earn. This myth was supported by his "team" that sold me the same story. Eighteen months later, I'm now hip to the real story. I've discovered this supporting cast of his travels from field office to field office, selling the same invented positive story to prospective recruits. These experienced reps told me the commissions were great and they were making quadruple what they were when they first started! The real story is that they get new reps to work their tails off prospecting virgin territories, bringing in new accounts and then stealing them back.
I was notified two months ago that my commission schedule was to be changed drastically. Now, I must nearly double my sales before I earn commissions! The accounts I'd brought in a year ago were reverting to "house" accounts. In addition, I had a bigger contribution necessary for my medical insurance. Needless to say, I went berserk and told my boss my employment offer letter outlined benefits and my employment terms. He said that offer letter doesn't guarantee anything and I'm employed as long as they want me to be.
I ticked my boss off so bad that he decided he wanted me off his radar screen and terminated me. I know it's because I gave him a lot of grief about the commission schedule being changed and my beef resulted in other salespeople complaining as well. I'm the only one fired, but I feel it was in retaliation for ticking him off and riling up the other reps.
Why should a sales rep work like crazy just to have the rules changed once you finally start to make some money? I'm disheartened and feel any sales job I take will end in the same way. One would think that as I'm trained and productive they'd rather keep me then train someone wet behind the ears. I won't work for half of what I was promised and would like to think I have some job protection!

ROBIN Y., Cromwell, CT

Dear Robin:

One would think an employer would prefer to keep the experienced sales rep rather than train a new one, however, Here's why that's not always the conclusion reached. Just add up how much your employer will gain from not paying any commissions on all those accounts you got. The hefty sum probably makes the new training costs tolerable.

We have two issues given your situation. First, can you do anything about your ex-employer's termination of your employment? And the secondly, what can you do so that you don't have a repeat experience with your next employer? Unless you have an iron-clad written contract that stipulates a time frame that your boss will pay you a particular commission rate, an employer can change the rules in the middle of the game, as it's their game. There is a very slim chance of arguing the changed commission structure if your offer letter could be construed as an "implied contract." Only a savvy attorney reviewing that letter could determine if you've that slim shot.

As for your claim of "retaliation" because termination resulted when you complained, both Attorney Clemow and myself feel that proving that would be a stretch.

Moving on to the even bigger-picture-issue, let's see what can you do about preventing this from happening again. Obviously, you felt you were doing due diligence in checking out the stable commission structure when you questioned current reps about it. While I would suggest doing that again in future job interviews, also target companies with good stable reputations where you ask how commission/bases change with time and how they've changed for experienced reps. You can request that your commission and compensation schedule be presented in writing, but any savvy employer will tag on the line "subject to change." Other then a contract guaranteeing you a stated commission schedule for a stated time frame, it's hard to fight an employer changing the commission rules.

One interesting pending case regarding commissions-a Motorola sales rep accustomed to receiving residuals on sold cell service had his commissions slashed when the company slashed the "residual pay" rule. The rep sued Motorola, stating that the residual commissions were on sales already done and the company shouldn't be allowed to change commissions on done-deal sales. The case is pending litigation and I'll let you know the outcome.

Dear Kathryn:

I work for a sports fanatic who's a nightmare boss. He greets clients by fake-boxing, and queries me about sports scores each Monday when he knows I wouldn't watch a ballgame unless I were to be bound and gagged to the chair. I didn't care so much until he verbally began abusing me as to my sports ineptitude in front of other employees. He took it to the next step when he publicly challenged me to join the company softball team. When I declined, he said if I'm soft in the gut, I'm probably soft in my ambitions. Obviously, a stupid comment but I want to put these insults to an end.
He considers me a lesser person just because I like museums! Any suggestions? Oh, and isn't he walking the fine line of discrimination?

ROB T., New Haven, CT

Dear Rob:

Chalk up your bosses aggravating ways to further illustrate the limitations of his mind and creativity. As to what you can do about it? Ask for a sit-down and frankly state your discomfort with the public insults. Tell him all the reasons why you like working for him, but this one area of public humiliation is disconcerting. If nothing changes, talk to personnel and memo your feelings. There's no guarantee anything will change but I would think your company would not condone a geeky boss spouting insults to employees.

Given what you've outlined, you've no "discrimination" charge or grounds for emotional distress unless your boss was to imply age or race as part of his poor comic routine.

One last thought-you can always return his favor of trying to educate you in an area you've no interest by dropping off some your cultural history brochures or art appreciation courses he might sign up for.

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