Fuego North America refused to pay agreed-upon commissions for sales to contractor working only on commission San Francisco, California - Fuego North America
November 22, 2010, Anonymous
I worked for Fuego North America selling products for commission for the past two years. For the first year, I received regular commission payments. I made my first sale of this year in January, and continued making sales throughout the year. Beginning in April I began inquiring as to where my payment for my January sale was. When I would inquire to Fuego where my payment was, at first I would receive responses. Twice I was told that the "check was in the mail" or that the "check should have been received". When I would email back to let them know that I had not received the check, they would not answer me. I continued to question them about my payments through September, and continued to receive the run-around. I consulted with my attorney friend who said that it sounded like they had no intention of paying me, and that I should send a demand letter and then take it to small claims court. I was reluctant to take it to that level, but ultimately was fed up with not receiving responses and the fact that they did not feel like it was important to talk to me, let alone pay me what was due. I sent the demand letter, and finally got their attention. I received a small portion of monies owed. I went ahead and filed a small claims court date, but did not serve them the paperwork. It seemed like they were cooperating for a few weeks. The CFO would email me, but I still was not receiving straight answers or payment. After another few weeks they had gone back to ignoring my inquiries and I served them with the small claims court paperwork. Once again, I got their attention. The CFO, Dan Popovich, wrote me telling me that I was no longer authorized to represent Fuego (oh darn!!) and that "[my] assertions for monies owed were baseless in some cases and flawed
in other instances due to shipments that hadn't taken place, returns,
and such other matters that void and/or 'claim back' for, any
commissions owed." I received a final check that was around $500 short of the total owed commissions. I could tell by the reports that they had not paid me for a certain category of my sales to one particular repeat customer. I chose to investigate. I contacted my customer and said that I was sorry that they had returned or had some other reason to be unhappy with all the Fuego products that they had bought from me. They responded that they had not returned any of the products, and do not know what I could be referring to. Having received the bulk of my payment, I decided not to pursue continued legal trouble. Perhaps there was some issue with the products I sold to this particular client, but Fuego did not have the decency or respect to keep me in the loop and provide me with true and accurate reporting of what had transgressed.