I think I might have a legal issue with my company

LurchAddams

There Can be Only One!
So, I was hired on the 9th at one of the largest, if not the largest dealership in San Antonio. Before we can even have access to our CRM (customer relationship management system) we have to complete about 50 hours of training.

Today I asked my boss when I was getting paid. He told me that since I had previous car sales experience, I don't get any compensation other than commission.

Well... in order to earn commission I need to at least have access to our systems, have business cards, access to the vehicle keys, etc. I have none of that.

So, I can't earn if I can't access our systems and I can't get that access until my training is complete.

I used to be a hiring manager. One thing my HR department hammered into all of us is that we need to make sure that all employees get paid for the hours they work.

So, I don't think it's legal for the company not to pay me for the hours or training.

My plan is to contact the TX DOL on Monday and see if TX state law allows the arrangement my company is operating under.

I don't want to get into a battle as a new hire, but I also don't think it's fair to be forced to work and train for free.
 
So, I was hired on the 9th at one of the largest, if not the largest dealership in San Antonio. Before we can even have access to our CRM (customer relationship management system) we have to complete about 50 hours of training.

Today I asked my boss when I was getting paid. He told me that since I had previous car sales experience, I don't get any compensation other than commission.

Well... in order to earn commission I need to at least have access to our systems, have business cards, access to the vehicle keys, etc. I have none of that.

So, I can't earn if I can't access our systems and I can't get that access until my training is complete.

I used to be a hiring manager. One thing my HR department hammered into all of us is that we need to make sure that all employees get paid for the hours they work.

So, I don't think it's legal for the company not to pay me for the hours or training.

My plan is to contact the TX DOL on Monday and see if TX state law allows the arrangement my company is operating under.

I don't want to get into a battle as a new hire, but I also don't think it's fair to be forced to work and train for free.
The market right now is better than it has been in decades for dealerships, as MSRP is now the base price.

Commission typically comes out of profit on the car, so letting cars go at invoice leaves little for the salesperson.

Car sales has been a horrible job for a long time, unless you can sell a couple of cars every day. Typically, the people I know get $100-$200 per car that they sell.

Unless you're selling used cars, and then there's typically plenty of money to be made.


Still, it does seem like it should be illegal to force you to train for free. Texas isn't a really employee friendly state, is it?
 
The market right now is better than it has been in decades for dealerships, as MSRP is now the base price.

Commission typically comes out of profit on the car, so letting cars go at invoice leaves little for the salesperson.

Car sales has been a horrible job for a long time, unless you can sell a couple of cars every day. Typically, the people I know get $100-$200 per car that they sell.

Unless you're selling used cars, and then there's typically plenty of money to be made.


Still, it does seem like it should be illegal to force you to train for free. Texas isn't a really employee friendly state, is it?

My experience dictates that labor law is subject to the benefit of the employee. So whatever law is strictest: Federal or state - whichever is more stringent dictates what the law is. So if Federal law mandates employees be paid at least minimum wage for they hours the work then that is the law.

But, again - I'm a new hire -so I'm not going to rock the boat until I know what the law is. I'll contact the TX DOL on Monday and get their call before I do proceed to ask for any compensation.
 
Unless your previous experience was on the same CRM system as your new job, you need the same training as those employees with no previous experience and thus deserve the same pay.
 
Unless your previous experience was on the same CRM system as your new job, you need the same training as those employees with no previous experience and thus deserve the same pay.

what he said.

this question should have been asked before you accepted the offer.
 
The market right now is better than it has been in decades for dealerships, as MSRP is now the base price.
Commission typically comes out of profit on the car, so letting cars go at invoice leaves little for the salesperson.
Car sales has been a horrible job for a long time, unless you can sell a couple of cars every day. Typically, the people I know get $100-$200 per car that they sell.
Unless you're selling used cars, and then there's typically plenty of money to be made.
Still, it does seem like it should be illegal to force you to train for free. Texas isn't a really employee friendly state, is it?

You don't have to tell me that, I just bought a new truck. They discounted to just above MSRP because the sales freak I got was a new hire and junior while I was offering to pay cash for the vehicle. Ended up cutting them a $20,000 casher's check with a finance on the other roughly $28,000 at just over 5% (which I haven't decided if I'll just drop a check on them for the payoff or not). But they were firm on not going below MSRP on the sale.

The poor salesguy didn't quite know what to make of me. I wasn't exactly friendly... But then again, I didn't have to be...

Oh, my bank sent me a special invitation to lease a Maserati last week, as if... Who the hell would want an overpriced Italian POS?
 
You don't have to tell me that, I just bought a new truck. They discounted to just above MSRP because the sales freak I got was a new hire and junior while I was offering to pay cash for the vehicle. Ended up cutting them a $20,000 casher's check with a finance on the other roughly $28,000 at just over 5% (which I haven't decided if I'll just drop a check on them for the payoff or not). But they were firm on not going below MSRP on the sale.

The poor salesguy didn't quite know what to make of me. I wasn't exactly friendly... But then again, I didn't have to be...

Oh, my bank sent me a special invitation to lease a Maserati last week, as if... Who the hell would want an overpriced Italian POS?
There is a supply/demand issue due to a shortage of computer chips. It's supposed to get better now, but 'market adjustments' are still a thing. If you were in a rush, then you don't have a choice.

I'm the guy everyone calls when they want to buy a car. I never had trouble getting cars at invoice before, sometimes below invoice.

I tell people that my Kung Fu doesn't work anymore due to the market. I was 'lucky' to get my daughter a new car last month without paying the 'market adjustment'.

If your investments are earning less than 5%, pay off the car. I always do the same as you. Put down enough money so that I'm only financing about $10k. I often take a better rebate in exchange for their financing, and pay the note in a month or two.

6 month CDs are paying almost 5% now, so it's basically a wash for you.


Enjoy your new vehicle!

I'm guessing there were no leftovers?
 
So, I was hired on the 9th at one of the largest, if not the largest dealership in San Antonio. Before we can even have access to our CRM (customer relationship management system) we have to complete about 50 hours of training.

Today I asked my boss when I was getting paid. He told me that since I had previous car sales experience, I don't get any compensation other than commission.

Well... in order to earn commission I need to at least have access to our systems, have business cards, access to the vehicle keys, etc. I have none of that.

So, I can't earn if I can't access our systems and I can't get that access until my training is complete.

I used to be a hiring manager. One thing my HR department hammered into all of us is that we need to make sure that all employees get paid for the hours they work.

So, I don't think it's legal for the company not to pay me for the hours or training.

My plan is to contact the TX DOL on Monday and see if TX state law allows the arrangement my company is operating under.

I don't want to get into a battle as a new hire, but I also don't think it's fair to be forced to work and train for free.
You may have prior experience, but not with their company. That’s bs, best of luck.
 
So, I was hired on the 9th at one of the largest, if not the largest dealership in San Antonio. Before we can even have access to our CRM (customer relationship management system) we have to complete about 50 hours of training.

Today I asked my boss when I was getting paid. He told me that since I had previous car sales experience, I don't get any compensation other than commission.

Well... in order to earn commission I need to at least have access to our systems, have business cards, access to the vehicle keys, etc. I have none of that.

So, I can't earn if I can't access our systems and I can't get that access until my training is complete.

I used to be a hiring manager. One thing my HR department hammered into all of us is that we need to make sure that all employees get paid for the hours they work.

So, I don't think it's legal for the company not to pay me for the hours or training.

My plan is to contact the TX DOL on Monday and see if TX state law allows the arrangement my company is operating under.

I don't want to get into a battle as a new hire, but I also don't think it's fair to be forced to work and train for free.

It must be difficult to hold down a real job, when you post here all day long.
 
You don't have to tell me that, I just bought a new truck. They discounted to just above MSRP because the sales freak I got was a new hire and junior while I was offering to pay cash for the vehicle. Ended up cutting them a $20,000 casher's check with a finance on the other roughly $28,000 at just over 5% (which I haven't decided if I'll just drop a check on them for the payoff or not). But they were firm on not going below MSRP on the sale.

The poor salesguy didn't quite know what to make of me. I wasn't exactly friendly... But then again, I didn't have to be...

Oh, my bank sent me a special invitation to lease a Maserati last week, as if... Who the hell would want an overpriced Italian POS?

It must pay very well to post on a message board all day long!
 
So, I was hired on the 9th at one of the largest, if not the largest dealership in San Antonio. Before we can even have access to our CRM (customer relationship management system) we have to complete about 50 hours of training.

Today I asked my boss when I was getting paid. He told me that since I had previous car sales experience, I don't get any compensation other than commission.

Well... in order to earn commission I need to at least have access to our systems, have business cards, access to the vehicle keys, etc. I have none of that.

So, I can't earn if I can't access our systems and I can't get that access until my training is complete.

I used to be a hiring manager. One thing my HR department hammered into all of us is that we need to make sure that all employees get paid for the hours they work.

So, I don't think it's legal for the company not to pay me for the hours or training.

My plan is to contact the TX DOL on Monday and see if TX state law allows the arrangement my company is operating under.

I don't want to get into a battle as a new hire, but I also don't think it's fair to be forced to work and train for free.

Man alive that sounds abusive of the employees. But that is the nature of modern American capitalism. Things like Uber exist because there are people willing to do work for negative pay (most Uber drivers don't take into account wear and tear on their vehicles etc and so they ultimately make almost nothing while the people who created the app rake in millions from their labor).

Maybe America NEVER believed in a fair day's pay for a day's work. Look at how we treat restaurant staff. We pay them less than minimum wage just because there's a POSSIBILITY that they will clear more in tips. But it's a GUARANTEED revenue boost for the employer if they don't have to pay a livable wage to employees doing work for them. It's pure profit there.
 
You don't have to tell me that, I just bought a new truck. They discounted to just above MSRP because the sales freak I got was a new hire and junior while I was offering to pay cash for the vehicle. Ended up cutting them a $20,000 casher's check with a finance on the other roughly $28,000 at just over 5% (which I haven't decided if I'll just drop a check on them for the payoff or not). But they were firm on not going below MSRP on the sale.

The poor salesguy didn't quite know what to make of me. I wasn't exactly friendly... But then again, I didn't have to be...

Oh, my bank sent me a special invitation to lease a Maserati last week, as if... Who the hell would want an overpriced Italian POS?

Wow. You sure are rich and powerful.

I bet the salesguy said to himself "I sure do envy that rich and powerful manly man and one day I might, with the help of this penis pump, be as rich and powerful as he is! Then I, too, will drop cashier's checks all over the place like a rich senior citizen armed with a pen."
 
So, I was hired on the 9th at one of the largest, if not the largest dealership in San Antonio. Before we can even have access to our CRM (customer relationship management system) we have to complete about 50 hours of training.

Today I asked my boss when I was getting paid. He told me that since I had previous car sales experience, I don't get any compensation other than commission.

Well... in order to earn commission I need to at least have access to our systems, have business cards, access to the vehicle keys, etc. I have none of that.

So, I can't earn if I can't access our systems and I can't get that access until my training is complete.

I used to be a hiring manager. One thing my HR department hammered into all of us is that we need to make sure that all employees get paid for the hours they work.

So, I don't think it's legal for the company not to pay me for the hours or training.

My plan is to contact the TX DOL on Monday and see if TX state law allows the arrangement my company is operating under.

I don't want to get into a battle as a new hire, but I also don't think it's fair to be forced to work and train for free.

Texas has some of the strongest pro-employer laws, so check it out before you take any action.
 
definitely contact the DOL.............if the company REQUIRES training, whether you've been trained on that system elsewhere, is irrelevant. they must pay you for those hours.
 
Man alive that sounds abusive of the employees. But that is the nature of modern American capitalism. Things like Uber exist because there are people willing to do work for negative pay (most Uber drivers don't take into account wear and tear on their vehicles etc and so they ultimately make almost nothing while the people who created the app rake in millions from their labor).

Maybe America NEVER believed in a fair day's pay for a day's work. Look at how we treat restaurant staff. We pay them less than minimum wage just because there's a POSSIBILITY that they will clear more in tips. But it's a GUARANTEED revenue boost for the employer if they don't have to pay a livable wage to employees doing work for them. It's pure profit there.

I honestly feel my company is walking a fine line, legally. In the meantime - I'm looking at the bright side - I have a job and it's much easier to find other work if you're working. So, if I can't resolve this thing amiably, I'll go somewhere else and file a labor dispute with the company I'm working with now.
 
Texas has some of the strongest pro-employer laws, so check it out before you take any action.

Oh, absolutely. I'm going to contact the DOL to find out what the law is before I make any move. And like I said in my last post - I'm working now and once my training is done there is potential to make big dollars doing what I'm doing. So, I'm optimistic about my future, either way.

My current boss is in an 80's cover band and I went to one of his gigs last night. It was actually pretty fun. So I'm going along to get along now, hoping that things work out for me here.
 
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