American Standard – LIXIL Americas | Complaints | Better Business Bureau® Profile

I signed an agreement as a Direct Seller (****) with Lixil, American Standard, aka Safety Tubs LLC. After working with them for 1 month, I became frustrated with the overwhelming amount of unqualified appointments provided by the company and decided to terminate the agreement on 9/14/22. Since then, weekly commissions for the walk-in tub and shower systems I sold for them have not been paid although American Standard has been paid. On 9/23 after 2 weeks of nonpayment, I reached out to ******************* in Finance to inquire about the missing payments. Ive never received a response. On 9/26, I reached out to ************************* and *********************** in mgmt. On 9/27, I attempted to reach ***************************** in HR. On 9/28, I received an email from ************************* informing me that the company would only pay for the commissions owed once all of the projects were completed and audited, not on the following pay period from the week they were installed which is what is outlined on their Sellers Agreement that documents what to expect when the contract is terminated. This was the first time that this practice was communicated or expressed to me. Regardless it is not listed in the agreement between us. I have hired an attorney and a Demand Letter was sent, but again theres been no response. If youre in the *******, ** area and considering contracting with this company to sell, beware! Theres is a good chance you will have the total amount owed is $6454. Im requesting to be paid immediately or receive an explanation of why they reneged on the contract.

Business response

10/14/2022

I’m sure this has been frustrating, the national sales manager has been made aware of Mr. ****** departure and is committed to making sure that ************** receives all commissions that are due. Once all of Mr. ****** projects that he sold are completed, funds collected from the customers,audited for accuracy, the national sales manager will release any commissions due at that time. ************** should follow up with the regional sales manager he worked with during his tenure with Safety Tubs/American Standard.

Customer response

10/14/2022

Complaint: 18182037

I am rejecting this response because:

I signed a Sellers Agreement and never would expect an organization of this size to attempt to change the terms after the contract was executed.  There is no mention in that contract about holding commissions until all projects are completed and audited.  What it states is that at the termination of the agreement, commissions will be paid during the normal pay period based on when they were installed.  I would advise you to read that contract.  From your response, it seems this is a normal practice of yours to have independent contractors getting new business for you then s******* them when they no longer want to work with you.  The first time this process of holding commissions was ever mentioned to me was 2 weeks after I was no longer with the company and projects that I verified myself were complete werent paid over a 2 week period.  Thats when the sales manager advised of the hold.  To date were approaching 6 weeks of non payment on projects that were either sold or installed and American Standard/ Lixil has received payment but has chosen not to pay me.  *** had to retain a lawyer who confirmed after reviewing the Sellers Agreement that I signed, American Standard is in fact in breach of the contract I agreed to. A Demand Letter for payment was sent via mail and email 2 weeks ago.  Now we will proceed with the next steps.  

Regards,

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