According to labour law is that legal if you don't get pay commission if you resign from the company?

garfieldkat

if the sale was complete, i was say it is illegal to withhold the comission for the sale. the only time would be if you are a manager and don't do any actual sales, but receive a portion of the sales comissions, i could see them being withheld. But comissions are wages and cannot be withheld, as long as the sales were completed at the time of the resignation.

chocolahoma

In my company, you must be employed with the company at the end of the month in order to to be paid any commission for that month.

If your last day is the 30th, and you are no longer an employee on the 31st, then you are not paid commission.

Its policy. Employees must sign an acknowledgment form, and it is perfectly legal.

If I need to fire someone for theft, I should not also be required to reward them with a commission check for their last month.

uclari

In the US this largely depends on the locality. For example, in Michigan, the "law enforces commission contracts of sales representatives by providing that all commissions due at the time a contract is terminated must be paid within 45 days of termination. MCLA 600.2961."

In Europe, you are theoretically protected by the CISG, but a lot depends then on your contract.

Essentially, the largest hurdle you face is the contract you entered into as a contract employee. The contract will largely decide your rights. However, most jurisdictions provide at least some protection for independent contractors, assuming that they entered into some sort of legally binding contract before beginning their employment.

You should consult the contract between you and the former employer and find where you agreed to settle disputes. Then you have to find out what laws that jurisdiction (in the US, it depends on the state. In Europe, CISG or some extension thereof often applies) has.

Kr3WMaN

i guess so...... yea it is in my reasearch

AccountantKyle

At least in most states, it depends entirely on the employment contract you signed at the time of employment or whenever you started receiving commissions.

While you may have a case in small claims if you were strangely terminated so your employer could avoid paying you a large commission, if you resigned, that commission is not guranteed.

The difference here is WAGES are guaranteed, such as your hourly rate. However, legally, most commissions are a form of BONUS, and are not guranteed.

However, consult your contract, and contact your employer. Obviously it depends on the situation, but most employers will pay you what they owe you out of good faith. I would try that route before threatening them with legal jargon.

Donna K

It all depends on what your commission agreement with your former employer states. I've seen agreements that state any commission unpaid as of your last day of employment is void or "lost". Other have stated that you are paid commission "earned" and calculated up to 6 months after the last day of employment.

So the final answer is in the agreement.

Carlos C

That's not true. Any commissions earned up to the date of employment are to be paid, and I believe it's in your next pay period. Unless you were fired, then they have to pay you on the spot.

Take your money, dont let them tell you other wise. It's the Law.

rlamas_06

some states allow a company to pay minimum wage - in lieu of commissions (depends on how contract was written beforhand) if yours insn't such a state, you can always file a small claim suit if the amount is worth it.

If less than $250.00 I would write the company and threaten (in a nice way) that the matter would be sent forth to the USDOL. (United State Department of Labor / Wage and Hour)

Some owners/bosses etc. will consider the cost of paying you (a nuisance) or litigation if their lawyers must get involved.

Simply tell the firm:

Before I consult a labor attorney or FREE USDOL Labor law online counsel , I believe you and me should consider the following truths.

then proceed to make your request -- keep it polite and no profanity or threats. the bosses lawyers will use it against you if you do. keep it simple and nice.

using terms such as.
we don't weant to drag this through a federal investigation and sit back years and years watching lawyers cash-in at our expense , just because we didn't settle out what i was rightfully owed.

betotron don

yes

andy_rajahscott

regregtrwegft

quizzard123

Depensd on the conditions of you labour agreement. If (for instance) it says "you get paid for commissions due from the pervious year's sales", then you would be owed the pay. if, however, the agreement says you only get paid if you are working on the settlement date, then you don't.

sandy

If you have left a company on good standing, you are entitled to any commissions on sales that were completed at the time of your resignation.

bijjee

if you want to resgin you will have to inform the companysome period before

AznBoyz

Was that commission before or after, also vary from company to company and state to state. (Best to check with your state law)

Moni K

no. you are to be compensated for work you have done.

Im freega

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