HELP, legal advice wanted. HELP!!!

[Conquiztador]

It will all be based on your contract. Without seeing it there is no way to give you specific advise.

Currently the minimum hourly wage for 18yo + is $11.25. (1 April 2008 goes up to $12/h) That makes $450 for 40 hours of work. If your contract clearly stipulates that you are to work 52 hours per week then you should before tax be paid $585 per week.

Car sales with a retainer is nothing new. It has been around since first cars were sold (and probably horses before that), so one would assume that your employer has knowledge of how these contracts are done so they do not come and bite him. In that contract there will somewhere be stated what he expects you to sell in a week/month to keep your job.

Based on this you need to sell 1 1/2 cars per week. If you are not achieving that then perhaps car sales is not for you???

[98tls]

[QUOTE=Conquiztador;1439431 In that contract there will somewhere be stated what he expects you to sell in a week/month to keep your job.[/QUOTE] That combined with if your not doing it by rights you should starve to death.

[Conquiztador]

What really gets me going is ppl who read a contract and happily sign it. And then later come and complain about it.

[Timaa]

well its not like that actually. i read it believing the fact it was comission negated the minimum and with the promise that i would sell heaps, however ive been put on a dull yard with nothing but internet traffic, its hard to find and we get all the shit cars the other yard doesnt want. plus im working a one man yard with two people on it and neither of us is getting enough pay to sustain us. therefore the need to investigate this, plus my boss is a cock and despite my best efforts and positive attitude i havnt had one bit of praise from the guy about ANYTHING, i frequently get negative feedback about contradicting things he has said. the boss clearly has no people management skills or professionalism, as he thinks its ok to swear at employees in a formal workplace environment. so if you red repped me without full knowledge of the story and my situation then your just not thinking right tonite.

add all this to the fact that they are using the learn from your reprimands approach to training me as opposed to actually telling me a list of what they want done in regards to sales, also, having read and reread and reread my contract it says nothing of an actual figure of sales expected...

oh and my contract says plenty about professional conduct which neither of the bosses/owners adhere to in the workplace in the slightest.

and no i have no problem with comission only or retainer or any of that, its the fact that i was told i would make considerable sales and advertised with a salary of 60k in the ad i applied for. of which im currently making approx 20. far below the minimum for employment, and the sole reason for this is that i have been placed in and environment where achieving target sales in literally impossible.

so please dont judge (or rep) me before you know why your doing it,

dont judge a book (or story) by its cover,

Tim

[Grub]

And you STILL haven't responded to post#6

[Timaa]

lol yea no i know i got it man, but i thort 98tls gave me red rep? and i thort i would just state my story for the masses. lol. all good, cheers for the help grub.
Tim

[Conquiztador]

well its not like that actually. i read it believing the fact it was comission negated the minimum and with the promise that i would sell heaps, however ive been put on a dull yard with nothing but internet traffic, its hard to find and we get all the shit cars the other yard doesnt want. plus im working a one man yard with two people on it and neither of us is getting enough pay to sustain us. therefore the need to investigate this, plus my boss is a cock and despite my best efforts and positive attitude i havnt had one bit of praise from the guy about ANYTHING, i frequently get negative feedback about contradicting things he has said. the boss clearly has no people management skills or professionalism, as he thinks its ok to swear at employees in a formal workplace environment. so if you red repped me without full knowledge of the story and my situation then your just not thinking right tonite.

add all this to the fact that they are using the learn from your reprimands approach to training me as opposed to actually telling me a list of what they want done in regards to sales, also, having read and reread and reread my contract it says nothing of an actual figure of sales expected...

oh and my contract says plenty about professional conduct which neither of the bosses/owners adhere to in the workplace in the slightest.

and no i have no problem with comission only or retainer or any of that, its the fact that i was told i would make considerable sales and advertised with a salary of 60k in the ad i applied for. of which im currently making approx 20. far below the minimum for employment, and the sole reason for this is that i have been placed in and environment where achieving target sales in literally impossible.

so please dont judge (or rep) me before you know why your doing it,

dont judge a book (or story) by its cover,

Tim

OK. There the picture.

Now you have to make a decision:

1. You give notice and move on as it is not working.

or

2. You do something about your situation. (And no, I am not talking about complaining, unions and labour department).

- You have told here that the sales are not happening because the car selection is wrong: Try to see if you can get some other cars to sell. Talk to the owner. Focus on what type of customers you get and get that type of cars.

- Focus on a buyer group: - Boy Racers, mums, farmers, low income, high income, islanders, solo mums, families with young children etc. You will never be everything for everyone. So by focusing on one group and providing the type/price/finance/extras/service they are interested in you will soon have a reputation in that group.

- Any sale you do make, make sure the customer is very happy. Nothing gets more sales like word by mouth. Throw in something for free. Ex: If you focus on child families, go to a local place that sell kids gear/saefty equipment and strike a deal with them. Why not a 25% discount voucher to all buyers of cars from you on the gear the kids shop sells? Offer them a really good deal on a car as exchange.
Or petrol vouchers, a free first wheel balancing at a local shop, a meat pack from the local butchers, repco seat covers. Endless oppportunities. Use your imagination.

- Make the sales yard look professional. Paint the building, new signs, flags, nice sounds. "Uniform" for staff. Wont cost more then $35 for a decent Polo shirt. Add the logo to that. Cost embroyded $30 ea (or something like that).

- Give every visitor something to take away. A CD, a can of drink, a lollie pack, a flag, a hat. Anything that has the company logo on it.

- Have "open days" with specials and give aways. Sausage sizzles (get a local sports club, kindy, scout club to do it, they jump on the opportunity)

- Do a mailbox drop locally.

- Do networking. Use your contacts: Sports club, mates, kids schools newsletter, pub you go to, etc. And hey, KB...

Use your imagination. Don't go stale!

The owner does not want to do all the thinking. You start doing it and take ownership of your own situation and you be surprised where it will get you. OK, so perhaps the yard is a dog. But if you do the sort of things I have here said, then the owner will soon move you to a better place, or another more successful place will come head hunting for you. Good hardworking staff (that focus on positives) are in short supply these days... So make up your mind, are you going to be successful or a failure?

Good Luck!

[Finn]

The answer is very simple. G e t a n o t h e r j o b !

Stop going on about employment contracts and sort yourself out.

[Timaa]

ok so i am getting another job but i want the money that they owe me for under paying me. cheers.

[Nasty]

ok so i am getting another job but i want the money that they owe me for under paying me. cheers.

So you are prepared to take them to the employment tribunal etc .. I think that may be the only way to get it resolved.

[jim.cox]

but i want the money that they owe me for under paying me.

Good luck with that one mate

Blood from a stone will probably be easier

[Conquiztador]

ok so i am getting another job but i want the money that they owe me for under paying me. cheers.

Thats the NZ spirit! Blame someone else for your failure. It is not your fault that you did not sell any cars. After all, you are just the sales guy...

Oh and, how come you can be on here at 1pm? I suppose you are still working there??? Instant dismissal if working for me!!

[Timaa]

oh wow thats really nice. ill make sure i apply for a job under you so you can fire me again. lol.

you wouldnt really know the situation and its my first job in the industry and i havnt been through any training so yea. its fun but this company is the wrong one.

[Conquiztador]

oh wow thats really nice. ill make sure i apply for a job under you so you can fire me again. lol.

you wouldnt really know the situation and its my first job in the industry and i havnt been through any training so yea. its fun but this company is the wrong one.

So much for giving you advise. At 19 you already know it all...

Oh and, thanks for the two red blings.

You are new in the industry and the first thing you are planning to do is take the employer to employment court. Have you considered that he might have been in the industy a fraction longer and perhaps knows a guy or two...

You be lucky to get another job in a car yard washing the dust off.

And when applying for a job with me I would contact your ex employer, and imagine how enthusiastic I would be to employ someone who at 19 had taken the ex employer to employment court...

Your funeral.

[98tls]

lol yea no i know i got it man, but i thort 98tls gave me red rep? and i thort i would just state my story for the masses. lol. all good, cheers for the help grub.
Tim

Wasnt me.