Date: 1/7/02
To: Mike Mard Office of The Attorney General
Re: NEW INFORMATION Talent Tree Non-Payment Of Wages/Commissions
Item#1
Letter dated Dec. 20, mailed Jan. 2 to some of my colleagues, (myself not included), from Jim Swartz&TT. Attached.
This has nothing to do with our contractual agreement with Talent Tree. Commissions were to be paid by the second Friday of each month for contracts written in the previous month. NEVER was it communicated to us either verbally or in writing, that we would be paid only if Enron accepted the contracts and/or paid TT. No one would have accepted these positions in the Contract Sales Division based upon these stipulations. Under these conditions, commissions could be held up indefinitely or not paid at all.
[ Case in point: I telephoned Kelly McCauley of the Capture Division (contract processing) of Enron in October re: the slowness of processing orders. She said orders were delayed because TT was losing pages of the contracts we wrote. Our team in Easton, MA had to re-fax contracts on several occasion.incompetence on the part of TT should not, and cannot be used to deny payment of commissions due.]
Item#2
Attached are 6 pages of the commission statement sent to Tom Mackintire (District Mgr.) for the commissions paid for Aug/Sept to our team. It is difficult for me to make a judgment as to whether this statement is a compilation of massive incompetence, or a document purposely contrived with the purpose to defraud. Many of the commissions on this statement were attributed to the wrong sales people, and the wrong commission rate schedule was applied. We were specifically hired under the rate schedule dated June 1.in addition, our contract totals were to be pro-rated based upon team size and actual sales time allowed to achieve these goals. My compensation for August was confirmed to be $200.00/contract for G-2, and $102.00 for G-1. This was confirmed by TT's VP, James Greskovich.
Printed copy of email Attached Dated Oct. 1*
Copies of commission rate schedules attached*
We worked the entire month of September without knowing that TT was changing the commission compensation retroactively, and unethically. All of my August and September contracts should have been paid at the highest levels from the rate schedule dated June 1.
After reviewing the convoluted commission statement received by Tom Mackintire, it appears that TT is allegedly attempting to pay us for partial commissions at the lowest levels, retroactive to August 6th. This was not in the agreement/contract package I signed with Talent Tree on July 27. Attached* The Commission Rate Schedule was Part of the package.
The smokescreen that TT is attempting to paint to circumvent honoring their agreement with my colleagues and myself is transparent, deceitful, and illegal. I have copies of every contract I sold, and also a record of the commissions paid.
Item#3
Our unemployment compensation has been delayed.
As you will see from the attached memo from Tom Mackintire, Talent Tree has a long and dubious history of not paying employees, and changing their name to circumvent the legal establishment.
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