Legal Question in Employment Law in Arizona

Employment Law, Part Time, Commission

Until May, I ran a non-profit organization as Exec Dir. As of June 1 I ''merged'' my organization into another similar non-profit. Technically, we closed my org, and I was formally hired part-time at the new one. Payment was part salary, part commission. As part of the ''merger'' we agreed that my region must ''pay for itself'' with local revenues. That's about as detailed as that agreement got.

The new organization had bookkeeping trouble through the summer and I agreed to wait to collect my pay for June/July until it was corrected. Their fiscal year ends on August 31. In October, I got an email from my boss telling me that ''We will be closing out the 08� fiscal and it will not carry over into 09�. Translation, once bookkeeping is fixed, if it turns out that as of Aug 31 my operations were not cash positive (rev -(exp+sal+comm'n), I would not recieve a portion of the back pay I had allowed them to delay until the bookkeeping was fixed.

He claims he can't accure the income liability into 09 (where I became cash positive not long afterwards). That I know, all other employees have their their income liability accured and they won't have any pay withheld.

Is that legal? Sounds crazy, dishonest, and unethical to me.


Asked on 11/14/08, 11:19 pm

1 Answer from Attorneys
Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

Re: Employment Law, Part Time, Commission

We would need to review the corporate papers, bylaws, "merger" agreement, e-mails, etc., then research the issues at hand, then draft a demand letter for a flat fee of $1,500.00.

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Answered on 11/19/08, 3:50 pm


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