Abusive boss

[birthdayboy]

Hi, today I took in my resignation letter and spoke to my boss initially he was calm them started verbally abusing me telling me to **** off and that he would destroy me and the company I am going to work with resulting in him again telling me to get the **** out and take garden leave until they decided what to do with me
Once I got home the MD phoned asking me to change his mind when I politely said no he then said I had copied files to a USB drive and he would speak to their solicitor, I told him I had copied files as I knew they would try to hold off paying me thousands in owed commissions
I feel very down about being spoken too by my manager

[PAWS]

Re: Abusive boss

I do not, by any stretch of the imagination claim to be an expert but……FFS!
If you have handed in your resignation it is not up to your old boss to ‘decided what he is going to do with you’! If you are owed commission then I take it you were in sales of some sort so it is usual for an employer to place you on gardening leave while you ‘work out’ as it were, your notice to prevent you grooming your current customers coming with you to your new company. The fact that he is slinging threats speaks volumes -you were good at your job and he didn’t appreciate you.
Act with dignity and poise. Go on gardening leave until you are free to start your new job according to your original contract -you leave when your notice period is up and not when he ‘decides what to do with you’.
You have made the right decision. If he plays hard ball and refuses to pay you your rightfully due commission then, in writing, tell them you are owed £x and if they do not pay by the due date they should give you an explanation in writing or you will take further action.
As I said above, I have little knowledge of your full legal rights but asking if all future discussion could be in writing or with a 3^rd party/independent witness present might put the wind up him as it sounds like he knows less about the proper procedure in this situation than I!

[Unregistered]

Re: Abusive boss

Many thanks
I have rightly or wrongly copied all my sales and prices so I can work out if they try to fiddle me, apparently this is against company policy, the policy I have never seen!
I did manage to record my resignation and my bosses abuse

[PAWS]

Re: Abusive boss

Well, they can only make you work as long as the original notice period on your contract.
It is good to take note of your (soon to be ex) boss’ unreasonable behaviour in case he decides to get nasty or shaft you on your due commission but if they pay you what you are owed then my advice would be to leave it there. If he is so incensed at you handing in your resignation then the best revenge is to go to your new job and succeed and good for you! If, on the other hand they try to cheat you out of your commission or get all childish and scrappy about your new position then I would polish up my 12 bore and load it with all the ammo you have got.
Perhaps [MENTION=49370]Kati[/MENTION] might know the best person to give you more sound advice re your legal positon.

[Kati]

Re: Abusive boss

tagging [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] (maybe) xx

[mariefab]

Re: Abusive boss

If the only information in the copied files is just the figures needed to calculate your commission and it was normal practice for you to access this information each month so as to check that you were paid correctly, you are probably OK.
If, however, the files contain other information e.g. client details etc. you should either return the USB to the employer or write confirming that it has been deleted.

[Joanna C]

Re: Abusive boss

The sensible course would be to return the USB to the employer. In reality you have already obtained the information you require but by doing this you will hopefully stave off legal action

[charitynjw]

Re: Abusive boss

If the only information in the copied files is just the figures needed to calculate your commission and it was normal practice for you to access this information each month so as to check that you were paid correctly, you are probably OK.
If, however, the files contain other information e.g. client details etc. you should either return the USB to the employer or write confirming that it has been deleted.

Hi Mariefab

Out of interest, does the Lock v British Gas 'commission entitlement during holidays' apply to holidays accrued & resignation?

[mariefab]

Re: Abusive boss

Yes, holiday pay is calculated in the same way whether it's paid during the employment or after it ends.