Haven't been paid because of employers mistake.

50
Found 24th Jun 2011
Good morning all.

Here's my situation:
I work as a sales consultant in a gym.
I get paid my basic pay each month and commission on top of that depending on how many sales I get.

Last month I got paid my basic pay and that was it although I was due a LOT of commission. I got it sorted in the end and got the commission the next day (26th may). Then of the 2nd June I got that commission again which I only found out about on Tuesday.

My line manager received an email stating that Head Office had made a mistake and paid me twice my commission last month (26th may, 2nd June) so I checked my online bank statement and the had, and so will not be paying me this month. Although my payslip states that I will be paid but just my basic pay.

Tomorrow is pay day but becuase it's a Saturday, it should be today. Checked my bank, and I've not been paid.

Does this sound right to you guys? Should I have not been paid today because of HO's mistake?

Thanks for any help provided
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50 Comments
Did the second lot of commission you got (2nd July) cover what you should of got paid this month - or are you short of what you should have been paid?
Original Poster
Ermm... I think it was roughly about the same. But its really not ideal for me. And at the end of the day, it's their cock-up. And if I had known about it prior to finding out, I would of notified HO.
You are entitled to your basic pay but not the commission if its already been paid
Original Poster
Yeah I agree. But I have not been paid a penny.
I would of much preferred if I received no commission for a couple months to make up for it or something like that.
Sloth/Mod
So effectively they paid you for this months pay a few weeks in advance.

So you have been paid just not at the right time. Nothing more you can ask of them as you got your wages. If you've already spent it then it's just going to be squeaky bum time for the next month.
It's annoying, but I don't think you'll get the money back as they essentially already paid you - just early.
im not sure i have this right?
so what your saying is you have been paid up to date just early? and expect to pay it back like its a loan?
you were also alerted they had paid you early? but spent it and expected another pay?

or is it just your commission they paid and they owe you basic?

ahh as it was a lot of commission its more than you would usually get basic and commission so you've essentially been paid in advance?

i hear these things all the time from my kids..the injustice...didnt you leave any of the advance in your bank?
Edited by: "plumberman01" 24th Jun 2011
Original Poster
Look guys, I haven't spent it, that's not the point anyway.
And they haven't paid me, but early.

I was paid the last months commission (which actually consisted of challenge winnings aswell) twice.

I should still get my basic pay which I haven't
Banned
i dont believe this is even up for discusion of course you should be getting paid again if they paid you twice the commision and this months commision is less then it will be deducted from your basic pay and infact you could still owe them money if they haven't got back all the over payment

Edited by: "fragaliciousbob" 24th Jun 2011

well if they owe you your months wage ofcourse they should pay..clearly HR is making a mess of things. You need to chase them but chances are you will be paid monday.

WRXiceman

Look guys, I haven't spent it, that's not the point anyway. And they … Look guys, I haven't spent it, that's not the point anyway. And they haven't paid me, but early. I was paid the last months commission (which actually consisted of challenge winnings aswell) twice.I should still get my basic pay which I haven't


Still not understanding you.

Let's say your basic = £500

and your commission = £500.

How much were you paid last month, and how much were you paid this month?
Original Poster
It's their mistake in the first place, and I think I should be getting paid at least my basic pay every month
It is your responsibility to notify them of any overpayment, however they should be paying you your basic & reclaiming the overpaid amount directly.

Also there is a chance you didnt tell them in the hope that they didn't notice, this could be grounds for a disciplinary if not dismissal if they were that way inclined.
Edited by: "ivegotalobon" 24th Jun 2011
Yep, and no doubt be paying back that commission.
i dont think mistake is an issue tbh..you will get paid only what they actually owe you to date..i mean if they had been paying you extra every month and you was unaware it would obv be wrong of them to withold a months pay to cover the overpayment..but as they told you and you've had it i cant see the problem?
Banned
WRXiceman

It's their mistake in the first place, and I think I should be getting … It's their mistake in the first place, and I think I should be getting paid at least my basic pay every month


if you paid you rent or motgage twice would you not be on the phone saying i want my money back or you take nothing next month or would you still be expected to pay again
Ask them?

No one on here can possibly answer this
Question... Why is it an issue?

You say you havent spent it... and you say that this months commission + basic = what they overpaid the first time.. so you still have exactly the same amount of money NOW as you would have done if they hadn't over paid you?

Say you are paid £500 + £500 Commission = £1000
Times 2 for over payment = £2000
Spend one lot = £1000-£1000 = £1000 at this current point.

If you were paid correctly:

£500 + £500 Commission = £1000
Spend one lot = £1000-£1000 = £0
Payment of £1000 = £1000 at this current point.

Why are you upset at this? if you had lost out on money fair enough, but you have already said you havent and that you havent spent the extra.
You got an advance on your wages... Yes by accident, but they would have said... ok we overpaid you, we will take that out of your next pay packet to take it back which would still leave you with a net £0 pay packet


NON-ISSUE.
Edited by: "Jetpac" 24th Jun 2011
Jetpac

Question... Why is it an issue?You say you havent spent it... and you say … Question... Why is it an issue?You say you havent spent it... and you say that this months commission + basic = what they overpaid the first time.. so you still have exactly the same amount of money NOW as you would have done if they hadn't over paid you?Say you are paid £500 + £500 Commission = £1000Times 2 for over payment = £2000Spend one lot = £1000-£1000 = £1000 at this current point.If you were paid correctly:£500 + £500 Commission = £1000Spend one lot = £1000-£1000 = £0Payment of £1000 = £1000 at this current point.Why are you upset at this? if you had lost out on money fair enough, but you have already said you havent and that you havent spent the extra.NON-ISSUE.


A fast one is trying to be pulled
Jetpac

Question... Why is it an issue?You say you havent spent it... and you say … Question... Why is it an issue?You say you havent spent it... and you say that this months commission + basic = what they overpaid the first time.. so you still have exactly the same amount of money NOW as you would have done if they hadn't over paid you?Say you are paid £500 + £500 Commission = £1000Times 2 for over payment = £2000Spend one lot = £1000-£1000 = £1000 at this current point.If you were paid correctly:£500 + £500 Commission = £1000Spend one lot = £1000-£1000 = £0Payment of £1000 = £1000 at this current point.Why are you upset at this? if you had lost out on money fair enough, but you have already said you havent and that you havent spent the extra.You got an advance on your wages... Yes by accident, but they would have said... ok we overpaid you, we will take that out of your next pay packet to take it back which would still leave you with a net £0 pay packetNON-ISSUE.




His not saying that his saying normal pay is £500 basic and £500 commision = £1000 TOTAL pay

But this month he received as below:
£500 basic + £500 Commision
then
£500 (double paid) commision = £1500 from the first lot of pay

From this months pay he would STILL be missing the £500 basic pay since his already been paid the 2x commision last month.

Edited by: "Nailez" 24th Jun 2011
Nailez

His not saying that his saying normal pay is £500 basic and £500 c … His not saying that his saying normal pay is £500 basic and £500 commision = £1000 TOTAL payBut this month he received as below:£500 basic + £500 Commisionthen £500 (double paid) commision = £1500 from the first lot of payFrom this months pay he would STILL be missing the £500 basic pay since his already been paid the 2x commision last month.



without proper figures tho we can only guess as 'a lot' of commission may have covered his basic and commission this month..
Sloth/Mod
Does the commission you got payed cover what would have been this months basic pay & commission you would have got?

As you said, last month you earned A LOT of commission. You need to work this out as you could also find yourself not getting paid or having funds deducted next month as well as you could still owe them.
Banned
Syzable

Does the commission you got payed cover what would have been this months … Does the commission you got payed cover what would have been this months basic pay & commission you would have got?As you said, last month you earned A LOT of commission. You need to work this out as you could also find yourself not getting paid or having funds deducted next month as well as you could still owe them.


exactly whet i said earlier he may still owe them money and have every right to say we need this paying back into our account
plumberman01

without proper figures tho we can only guess as 'a lot' of commission may … without proper figures tho we can only guess as 'a lot' of commission may have covered his basic and commission this month..



Indeed the figures could be off but the principle is the same if the overpaid commision > this months commision then basic pay needs to be lowered to equate the difference, but he still should have been paid some of the basic pay for the 2nd month of working.
Banned
Maybe your pay will be in the bank at the end of the day
Nailez

His not saying that his saying normal pay is £500 basic and £500 c … His not saying that his saying normal pay is £500 basic and £500 commision = £1000 TOTAL payBut this month he received as below:£500 basic + £500 Commisionthen £500 (double paid) commision = £1500 from the first lot of payFrom this months pay he would STILL be missing the £500 basic pay since his already been paid the 2x commision last month.



Nailez

Indeed the figures could be off but the principle is the same if the … Indeed the figures could be off but the principle is the same if the overpaid commision > this months commision then basic pay needs to be lowered to equate the difference, but he still should have been paid some of the basic pay for the 2nd month of working.



Op has already said that the amont of the larger than normal comission is roughly the same as his basic + comission for this month here:

WRXiceman

Ermm... I think it was roughly about the same. But its really not ideal … Ermm... I think it was roughly about the same. But its really not ideal for me. And at the end of the day, it's their cock-up. And if I had known about it prior to finding out, I would of notified HO.



1) If it is roughly lower, then yes they should be paying the difference as basic sallary
2) if it is roughly higher, then they are fine to have "clawed" back the over payment from the overpayment last month and you can expect some more clawiong next week.

No Issue. And im still struggling to see what the OPs grievance is... unless it is 1) in which case he needs to speak to the HR department and get them to pay the difference (which by the sounds of it is minimal.
Edited by: "Jetpac" 24th Jun 2011
issue is he hasnt been paid for this months work at all.
Edited by: "Nailez" 24th Jun 2011
Banned
Nailez

issue is he hasnt been paid for this months work at all.


because he owes them more than his wages and they have taken it back
fragaliciousbob

because he owes them more than his wages and they have taken it back



his already stated this is not the case, the commision he was paid is "roughly" equal to the commision he would have got paid this month.


Again he should have been paid his basic salary minus any variance between last months commision versus this months commision, seriously what is so hard to understand??
I'm not sure why people aren't understanding. It's obvious that the second commission payment which the OP wasn't intitled to was higher than the pay OP was due to receive today. so instead of paying again and then claiming back they have just deducted it from what OP has already received. This could be solved easily by looking at the figures
Sigh the figures are made up gbspurs a few posts into this thread.

It still stands and personally I'm tired of trying to explain the OPs post to morons who cannot see the issue only Syzable and Jetpac are seeing the issue and Jetpac seems a little off target in regards to some of their posts.

Basic pay minus the different of last months commision versus this months commision.

End result : BASIC PAY (minus) the variance!
Banned
Nailez

Sigh the figures are made up gbspurs a few posts into this thread.It … Sigh the figures are made up gbspurs a few posts into this thread.It still stands and personally I'm tired of trying to explain the OPs post to morons who cannot see the issue only Syzable and Jetpac are seeing the issue and Jetpac seems a little off target in regards to some of their posts. Basic pay minus the different of last months commision versus this months commision.End result : BASIC PAY (minus) the variance!


is there somewhere in this thread where the OP has stated what the figures are do we know what lasts months to this months commision are because at this point its all speculation so calling people morons just makes you look like one yourself

the key word here is ......

WRXiceman

Ermm... I think it was roughly about the same. But its really not ideal … Ermm... I think it was roughly about the same. But its really not ideal for me. And at the end of the day, it's their cock-up. And if I had known about it prior to finding out, I would of notified HO.



Edited by: "fragaliciousbob" 24th Jun 2011
fragaliciousbob

is there somewhere in this thread where the OP has stated what the … is there somewhere in this thread where the OP has stated what the figures are do we know what lasts months to this months commision are because at this point its all speculation so calling people morons just makes you look like one yourself


to nailez-
i understand perfectly well and am def no moron you cheeky git.

Bob 100% spot on.
fragaliciousbob

is there somewhere in this thread where the OP has stated what the … is there somewhere in this thread where the OP has stated what the figures are do we know what lasts months to this months commision are because at this point its all speculation so calling people morons just makes you look like one yourself



Point is bob people are stating that he should get paid nothing yes the doubled up commision might completely wipe out this months basic+commision but that isnt stated infact he states they are roughly equal.

Yet people arent seeing or bothering to read the problem and starting on the OP in the manner of "WTF is your problem dude" so yes moron still stands and I am far from looking like one so that ends there as I really cannot be bothered to fight with a user who cannot be bothered to read posts.

Anyways im out the OP should just contact the HR/Pay department and work out as previously stated no it isnt the best way for them to deal with it and more than likely your pay will include what you should have got this month next month which doesnt help much.

Good luck

PS: Plumberman you misread what i wrote so i suggest you read again i highlighted you as actually making sense actually.
Edit: Just noticed you should have been included with syzable and jet so apologies thats what I get for posting and working at the same time your posts are constructive in nature and you pickup the key points others arent.

Edited by: "Nailez" 24th Jun 2011
Banned
Nailez

Point is bob people are stating that he should get paid nothing yes the … Point is bob people are stating that he should get paid nothing yes the doubled up commision might completely wipe out this months basic+commision but that isnt stated infact he states they are roughly equal.Yet people arent seeing or bothering to read the problem and starting on the OP in the manner of "WTF is your problem dude" so yes moron still stands and I am far from looking like one so that ends there as I really cannot be bothered to fight with a user who cannot be bothered to read posts.Anyways im out the OP should just contact the HR/Pay department and work out as previously stated no it isnt the best way for them to deal with it and more than likely your pay will include what you should have got this month next month which doesnt help much.Good luck


you are missing a very vital point without knowing what his basic pay is (which could be very low as it seems he is commission based) even is his commission is roughly the same it could still wipe out a low basic pay , so his basic could be £500 and he got £3000x2 in commission last month and this month only earnt £2500 ..... but without actual figures trying to hammer home your point which i understand completly is fool hardy
Edited by: "fragaliciousbob" 24th Jun 2011

thanks im glad im not a complete moron lol

Nailez

Point is bob people are stating that he should get paid nothing yes the … Point is bob people are stating that he should get paid nothing yes the doubled up commision might completely wipe out this months basic+commision but that isnt stated infact he states they are roughly equal.Yet people arent seeing or bothering to read the problem and starting on the OP in the manner of "WTF is your problem dude" so yes moron still stands and I am far from looking like one so that ends there as I really cannot be bothered to fight with a user who cannot be bothered to read posts.Anyways im out the OP should just contact the HR/Pay department and work out as previously stated no it isnt the best way for them to deal with it and more than likely your pay will include what you should have got this month next month which doesnt help much.Good luckPS: Plumberman you misread what i wrote so i suggest you read again i highlighted you as actually making sense actually.Edit: Just noticed you should have been included with syzable and jet so apologies thats what I get for posting and working at the same time your posts are constructive in nature and you pickup the key points others arent.


fragaliciousbob

you are missing a very vital point without knowing what his basic pay is … you are missing a very vital point without knowing what his basic pay is (which could be very low as it seems he is commission based) even is his commission is roughly the same it could still wipe out a low basic pay , so his basic could be £500 and he got £3000x2 in commission last month and this month only earnt £2500 ..... but without actual figures trying to hammer home your point which i understand completly is fool hardy



Not missing that one either have stated that in all posts I have made but yes it could wipe out everything and without knowing figures we dont know that is the case as OP has not stated.

In completely unrelated news ITS FRIDAY who wants a beer?
Edited by: "Nailez" 24th Jun 2011
Banned
Nailez

Not missing that one either have stated that in all posts I have made but … Not missing that one either have stated that in all posts I have made but yes it could wipe out everything and without knowing figures we dont know that is the case as OP has not stated.In completely unrelated news ITS FRIDAY who wants a beer?


trust me when i say i'll be having many of these later
So basically on the 26th of May you got your basic + commission.......then 6 days later they paid you your commission again ...........so today you was expecting your basic ONLY...as you have recieved this months commission early .......is that right ??
Banned
shopstilldrops

So basically on the 26th of May you got your basic + … So basically on the 26th of May you got your basic + commission.......then 6 days later they paid you your commission again ...........so today you was expecting your basic ONLY...as you have recieved this months commission early .......is that right ??


sort of only no-one know what last months commission is compaired to this month
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