Refusal to Pay agreed commission/Non Compete

Discussion in 'Employment & HR' started by breakout19, Apr 18, 2019.

  1. breakout19

    breakout19 UKBF Newcomer Free Member

    3 0
    Good Morning
    Looking advice on my employment and my non compete agreement. My current employer has now refused to pay me on agreed structure because basically i overperformed and its will cost the a small fortune, they did not have the foresight to cap commissions as they wanted to encourage as much business as possible but now when it comes to actually rewarding they are flat refusing to do so.
    how does this affect my non-compete i signed this under a basic sales role but i am now in management and is this still enforceable if even if i leave under untenable conditions regarding a broken agreement.
     
    Posted: Apr 18, 2019 By: breakout19 Member since: Apr 18, 2019
    #1
  2. Newchodge

    Newchodge UKBF Big Shot Free Member

    12,638 3,288
    If they have fundamentally breached your contract you can leave as a result of that breach. If they pursue you to court over a breach of the non-compete you can argue that their fundamental breach negated the whole contract. Whether you win or not will depend on the contract wording and the way the judge assesses the extent of their breach.

    I don't believe that anyone could guarantee that you (or they) would win the case.
     
    Posted: Apr 18, 2019 By: Newchodge Member since: Nov 8, 2012
    #2
  3. breakout19

    breakout19 UKBF Newcomer Free Member

    3 0
    great and thanks for the advice.
    does a non compete only relate to my original job role though should this not have been updated to my now title within the company.
    surely a sales exec non compete would be invalid of taking a management role and another department of a competitor if they are unwilling to honour and agreement just trying to get my head round this and where i stand.
     
    Posted: Apr 18, 2019 By: breakout19 Member since: Apr 18, 2019
    #3
  4. openmind

    openmind UKBF Big Shot Full Member - Verified Business

    4,750 864
    To be honest although the advice you will receive on here is a good general guide (See Cyndy's response) without sitting down with a qualified professional with the contract in hand it would be remiss to provide guidance as all you will receive is opinions.

    So here's mine :)

    As a complete non-expert in this area, if an employer is refusing to pay commission that has been rightly earned then that is a breach of contract and I would imagine you would have a solid case.

    The non-compete is separate issue in my eyes and not related to the commission aspect and should be dealt with individually. It is all down to the wording of the non-compete clause and how it could be enforced.
     
    Posted: Apr 18, 2019 By: openmind Member since: Sep 6, 2005
    #4
  5. Newchodge

    Newchodge UKBF Big Shot Free Member

    12,638 3,288
    Your agreement with your employer consists of many things, not just the written contract. Changing roles changes your duties, your salary, your job title, but it does not affect the other clauses, unless it says so - for example a management role may have longer holidays. Unless the non-compete clause has been formally superceded, it stands. Whether it is enforceable depends on the exact wording, and you probably need formal advice on that.
     
    Posted: Apr 18, 2019 By: Newchodge Member since: Nov 8, 2012
    #5
  6. breakout19

    breakout19 UKBF Newcomer Free Member

    3 0
    hi there

    Thanks for the advice i appreciate all types and opinions on this.
    i guess my feeling around this is if the company are not willing to honor an contractual agreement for me to generate business for them then why should i not be able to utilise this elsewhere in the industry. it feels like they are saying we wont pay you or hold our side of the contract but despite the fact that its broken we expect you to still hold it if you were employed under those said conditions .
    i signed that contract and non compete as a singular agreement im my eyes if they break the contract they break the contract and agreement surely they cant pick and choose what applies and what doesn't.
    again i appreciate all views and advice im just in a very awkward situation atm
     
    Last edited: Apr 18, 2019
    Posted: Apr 18, 2019 By: breakout19 Member since: Apr 18, 2019
    #6
  7. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    10,657 2,156
    You can contact a solicitor and get a free half hour meeting where the solicitor can look at your contract and suggest ways forward using them if required, all they would do is give you a opinion and a price should you wish to engage them for further action
     
    Posted: Apr 18, 2019 By: Chris Ashdown Member since: Dec 7, 2003
    #7
  8. fisicx

    fisicx It's Major Clanger! Staff Member

    30,962 9,078
    So you are now taking legal action to get the money owed? You have documents to prove you earned the money and documents where they have refused to pay you? If so then MCOL is the place to begin: https://www.moneyclaim.gov.uk/web/mcol/welcome
     
    Posted: Apr 18, 2019 By: fisicx Member since: Sep 12, 2006
    #8
  9. pentel

    pentel UKBF Regular Free Member

    423 68

    THIS
     
    Posted: Apr 18, 2019 By: pentel Member since: Mar 12, 2011
    #9
  10. lesliedocherty

    lesliedocherty UKBF Ace Free Member

    2,210 303
    means what ??
     
    Posted: Apr 18, 2019 By: lesliedocherty Member since: Jun 17, 2006
    #10
  11. alan1302

    alan1302 UKBF Enthusiast Free Member

    552 99
    They quoted fisicx's post and said This...means they think that is what the op needs to do.
     
    Posted: Apr 18, 2019 By: alan1302 Member since: Jun 2, 2018
    #11
  12. Mr D

    Mr D UKBF Legend Free Member

    16,842 1,885

    Same thing as '+1'.
    Reinforcing. When you see one or two people reinforcing a particular post its usually a good idea to take note of what that posts says. Sometimes its pretty important or particularly relevant.
     
    Posted: Apr 19, 2019 By: Mr D Member since: Feb 12, 2017
    #12
  13. lesliedocherty

    lesliedocherty UKBF Ace Free Member

    2,210 303
    ah, thanks, always wondered
     
    Posted: Apr 19, 2019 By: lesliedocherty Member since: Jun 17, 2006
    #13