Moral dilemma - What would you do?

JPNor

Shared on Wed, 01/09/2008 - 14:45

As some of you may know, and most of you likely don't care, I am the business development manager for a small investigative firm. My primary job responsibilities basically involve onboarding new clients and overseeing the sales and marketing process. My job doesn't require a whole lot of selling (read: No cold calls. Wheeee!) but I manage the entire selling process and the 5 people that make things happen.

The sales process is very difficult in this type of business so I tend to be very selective in retaining employees. However the good ones stick around for a year or so, then leave on good terms to pursue other career options. In those cases, they've invested a ton of time into generating new business, so I keep them on payroll and continue to pay their commission even after they have left.

There is a point here - I promise. Recently one of my long-term employees abandoned her post after a disagreement over excessive time off. I re-assigned some of her work load to another employee, who managed to cash in on some of it. My policy is this: if you're not eligible for rehire, you're not eligible for commission on new business you generated. So now that's coming into question. I am a nice guy but I am not a very compassionate guy.

My attitude is this: I'll be good to you if you're good to me. If you dick over your team, why should you benefit from it? No soup for you!

 But the Devil's Advocate would say that the former employee should still be paid for his or her work (for the record, it's NOT a commission-only gig, but the commission is still decent), regardless of the terms of dismissal.

 

Where do you stand? Unbiased opinions please - if you feel I'm a heartless dickbag, don't be afraid to say so. Even if you agree with me.

Comments

J-Cat's picture
Submitted by J-Cat on Wed, 01/09/2008 - 14:51
I would give the chick who left her $ because I don't want a lawsuit later. She did the work, isn't she entitled to the pay? I am assuming that commissions are written into their "contract" or whatever.
J-Cat's picture
Submitted by J-Cat on Wed, 01/09/2008 - 14:55
Now that I think about it... if it isn't in her contract, you are in the right. I guess it depends on the wording of your pay practices. But I don't think you are heartless at ALL! You leave in a huff like htat I am not sure you can really expect bonuses. My point: watch the fine print. Don't set yourself up for problems later. Paying her off so you never see her again may be the best thing your company ever invested in.
DragoonTamer's picture
Submitted by DragoonTamer on Wed, 01/09/2008 - 14:56
When you say abandoned her post do you mean she quit and went to work elsewhere? To me sounds like she doesnt work there anymore so I say piss on her. The money belongs to whever is currently working the deal.
kade47's picture
Submitted by kade47 on Wed, 01/09/2008 - 15:01
If I am understanding what you are saying, you still pay ex employees if they left on a good note, but are wondering if you should still pay this ex employee who left on a bad note. The way I see it, you are being generous by paying ex employees for a job they no longer have in the first place. It's like a reward for them doing right by you. If that is the reason you keep paying them then why would you even consider paying someone who didn't do right by you?
BalekFekete's picture
Submitted by BalekFekete on Wed, 01/09/2008 - 15:06
You're a heartless dickbag. That was the question, right? :D All joking aside, if you aren't obliged to pay the person by contractual means (e.g. employement) then I would say you are working with the same mindset I would in your shoes.
H2Daddy's picture
Submitted by H2Daddy on Wed, 01/09/2008 - 15:06
No pay.
CapnHun's picture
Submitted by CapnHun on Wed, 01/09/2008 - 15:29
I think it should be an all or nothing process. If you let other former employees keep their commissions, you should let her keep hers otherwise like J-Cat said I see a potential law suit coming.
TDrag27's picture
Submitted by TDrag27 on Wed, 01/09/2008 - 18:03
Most companies would not pay under those terms...Think of it like a bonus - If you leave a company on December 28th and bonuses are paid on January 3rd, even though you worked that whole year, met all your bonus goals, you're not getting the check...But ultimately it comes down to whatever policy you have down in the employee handbook...And if you don't have one, it's time to write one.
JPNor's picture
Submitted by JPNor on Thu, 01/10/2008 - 07:25
Thanks for the input! I think it all comes down to the idea that I don't have to pay the employees who leave on good terms, but I do because this company has always been good to their employees. I believe this all came up because one person took that for granted and felt she was entitled to the commission regardless of the way she left. @Tara: Interesting point about the policy - I'm always educating my clients on the importance of drug testing and background check policies, so it is kind of hipocritical of me not to write one for my own employees/commission!

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