A Guide for Sales Employees Facing Unfair Treatment

Most people try to handle it themselves, which is understandable. But if that approach doesn’t work, and there’s a significant amount of money at stake, it’s time to consult an attorney. A lawyer can review your situation and help determine if your rights have been violated. For example, if your commission was withheld under a discretionary commission plan, there may not be a strong case. However, there could be other legal violations—like unpaid overtime—that you’re unaware of. In fact, we often uncover additional issues during our consultations, making it worthwhile to check in with a lawyer. 

One common mistake we see is people relying on advice from unqualified sources. Sales workers often turn to LinkedIn or other platforms for guidance, listening to "talking heads" offering free advice. The problem? Most of these individuals aren’t attorneys, and their advice is often incomplete or outright incorrect. This misinformation can lead to missed opportunities for salespeople to recover what they’re owed. 

Even at Kaplan Law, we don’t offer cookie-cutter advice. Each case requires a detailed analysis to understand how the law applies to your specific circumstances. That’s why taking the time to consult with a qualified attorney is critical. 

To put it in sales terms: there’s a lot of money on the table, and sales professionals are leaving it there by not seeking proper legal guidance when something feels off. If you suspect a problem with your pay or treatment, consulting with an experienced lawyer can make all the difference in getting what you deserve. 

If you’re a salesperson who feels mistreated or underpaid, here are the steps you should take: 

1. Understand Your Pay Structure: Review your employment contract, commission plan, and any policies regarding overtime or bonuses. 
2. Track Your Hours: If you’re inside sales, document the hours you work, especially overtime, to identify potential violations. 
3. Keep Records of Communication: Save emails, texts, and other documentation related to commission disputes, quotas, or workplace grievances.
4. Know Your Rights: Learn about your protections under the FLSA and local labor laws. 
5. Consult an Attorney: Reach out to a law firm experienced in employment rights. We can help assess your case and guide you through your legal options.

Sales employees deserve to be compensated fairly for their hard work. Companies that exploit their sales teams not only violate the law but also undermine the value of their workforce. In Austin, where tech companies frequently relocate for cost savings, ensuring fair treatment for sales employees is more important than ever. 

If you’re a sales professional facing unfair pay or workplace mistreatment, know that you don’t have to face it alone. We’re here to fight for your rights and help you get the compensation and respect you deserve.