First Option Mortgage, LLC terminated me on July 21, 2008. Subsequently, I did not receive commissions on two pre-termination transactions. In addition, the company deducted $1,300 in employee expenses and a Fed-Ex overnight fee of $10. The commissions total $2.400, resulting from $8,000 in fees generated on two mortgage transactions. The total base amount owed to me thus comes to $3,710.
In Indiana, failure to pay income when due (I.C. 22-2-9), and/or making of deductions that are not authorized by the employee or able to be deducted under the 13 limited categories permitted under Indiana law (I.C. 22-2-6) subjects employers to treble damages (three times the total amount due) plus the employee's attorneys' fees (I.C. 22-2-5). Consequently, I am pursuing the matter in court currently. As of October 21, 2008 we had to file the lawsuit in Marion County, Indianapolis IN do to the fact that we were told to Go ahead and file the lawsuit by Kim Winslow, Corporate Executive to Kurt A. Nikolai, Partner and Owner in a last ditch effort to resolve this matter. I should be able to recover nearly $12,000 due to the failure to pay commissions and improper deductions, along with attorneys' fees that could easily amount to tens of thousands of dollars.
We are willing to settle the matter immediately for the payment of the principal amount due and of a reasonable attorney fee's thus far. Consequently, the matter is ripe for resolution still for something less than $5,000. Along with that, we would anticipate willingness on First Option Mortgage, LLC to provide a positive letter of reference.
We have attempted to contacted Kurt A. Nikolai, Partner and Owner through mail, email, and phone to achieve a resolution and have had no response. If we do not achieve a resolution not only will we seek recovery for the foregoing amounts under Indiana law, but also due to the failure of the organization to properly remit the amounts it was obliged to pursuant to federal and state withholding requirements, including the 8% employer share under the Social Security and Medicare Acts. It also may be that Mr. Brown could pursue an equal rights claim under either or both Title VII and state law.
We are hopeful to be able to achieve an expeditious resolution along the lines proposed. Our effort is to compromise this dispute with First Option Mortgage, LLC how ever we have had no cooperation from any representative or Kurt A. Nikolai, Partner and Owner of the organization. In which it seems this matter will now be brought before a Judge in a court of law in the State of Indiana.
Note: We have all documentation in regards to the above referenced report.