Unpaid commission wages (employment contract breach), employee in Texas, employer in California

I live in Texas, but work for a California employer (public company). I am an executive with salary and commission structure as part of my compensation agreement, among other benefits. When repeatedly asked, my employer says it has no money to pay my commissions, and in an hostile/aggressive manner posits that I should be happy with the salary I make. And I am the company's key critical employee.

Several former employees, in fact ALL with compensation plans that include a commission payment component, were either fired or they quit due to the same unpaid commission wages, unpaid bonuses, unpaid health spending account benefits, etc. Further, these individuals have all filed and settled lawsuits against the employer and all of which have been since awarded full settlement. Yet, and the kicker is, that for 4 years I have remained loyal to this company and my unpaid wages have grown to over $200k.

In my now becoming aware that every single former employee that sued the company has either been settled in full, or received court judgment against the employer who then paid the employee including in many cases damages and legal fees, it is now time that I change my tact as loyalty will not get me paid for 4 years of having been robbed and played a fool.

I have suggested payment plan - ignored.
I have raised the issue of "what about paying ME what's owed?" - gets aggressive hostile response.
I have asked, "Do I need to sue the company that I love working at just to get paid what's legally owed to me? - gets aggressive hostile response and commentary of "do whatever you want to do".

Many questions: Emotions aside, since approaching the employer on this has become an untenable situation and needs to be resolved via mediation or in a court of law - I'd like to know my options. I have ample documentation, including audited and unaudited financials that include quarterly commission amounts owed me, and the employer would actually never contest the dollar amount owed me, just their ability to pay it. Yet, when pressed the employer has paid every former employees only when they have sued or gone before the California workforce/labor board (in the case of CA employees), and my loyalty and not suing them is the difference. There is no excuse that the employer is not paying me. They found the money to pay off the former employees, now its my turn.

I kindly ask, what are my options. Remember I am a Texas resident working for a public company (Nevada corp), who's corporate and primary HQ location is California.

Do I contact and file in Nevada, or California or Texas?

Should I pursue this via the "correct state" government agency such as Wages & Labor Board, or should I pursue this via law firm.

I am still employed at this company, so I can expect retaliation when I escalate this to a labor board or legal action, but 4 years is long enough. I'll watch replies here to see who may have some good ideas.

0 answers  |  asked Aug 13, 2015 5:23 PM [EST]  |  applies to Texas

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