After 6 months my promised commission package never materialized (~39% of OTE). Due to a number of developments it is clear that offering a commission won’t be possible. Brought it up to leadership and asked for a bump in base (not to what my total OTE would have been). Was told no (hard no) and that my pay can actually be reduced at performance reviews. I was also told I’ll never be able to get promoted if I stay remote and my skill set is “worthless” to a startup. My question is do I have any recourse since my offer included the commission? Also besides the obvious that I will leave the company at the first chance, how would you approach this situation?
I believe you do. Know a few who successfully sued a major tech company for not paying out commission.
Even if I was never presented with a structure for the commission? It was in my offer letter but that’s basically where it ended. I’m not against hiring a lawyer somewhat out of spite but also just not sure it’s worth it since I doubt they will care at all.
Sounds like wage theft. Talk to an employment lawyer
The worst thing you can do is to do do nothing - talk to a lawyer! Even if there is nothing explicitly malicious going on, if your specific situation is a grey area the company will always err on the side of protecting itself and not putting your best interests in mind. Even if you spend a thousand bucks on a lawyer to tell you that you don’t have any kind of recourse, at least you’ll have some peace of mind.
Something to be said there. But just not sure it’s worth it. I honestly just want to find a better role.
Can you prove you fulfilled the requirements to get the commission and that it was promised? If so then you should talk to a lawyer.
That’s the rub. They never even gave me the requirements.