How can I get my last paycheck plus commissions owed to me?

I recently resigned from my job for personal reasons; I formally gave the a 2 week notice. A couple of days after I signed the notice they fired me saying, “Thank you but we don’t need you anymore.”I worked my last day and from every sale I make I get 6% commission. That Friday I made the most in commission I had ever made after working for the company 2 years. After I left I still had a pending check due to me. I expected my hourly pay as well as my commission which I didn’t receive. I immediately contacted my manager and he proceeded to contact the company and let them know of the situation. I received a call back from my manager saying they weren’t going to pay me my commission since I had resigned; that since I had resigned I no longer had benefits of commision. I believe I worked and sold until the last minute I was there and therefore I should get my regular benefits until that last minute.What should I do in order to get my complete payment? Also I did resign, with 2 week notice, and they say since I resigned I wasn’t getting benefits anymore, but they basically fired me without explanation after 2 days of the notice.

Asked on September 6, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) While it is traditional to give two week notice, it is not a legal requirement--you may quit immediately. Furthermore, unless you had an employement contract to the contrary, you are an "employee at will" and may be fired at any time, for any reason--including shortly or right after you give notice. Once you are fired, you will not receive benefits.

2) If you kept working, you should receive commissions up to your last moment (e.g. when fired; or if not fired, when you actually leave employment) according to the terms in effect for the payment of commissions. In other words, if your company required people to still be employed as of when the commission check is cut, for example, to receive the check, they may be entitled to not pay you. They have to pay the commission according to the rules in effect while you were working, but they don't need to be more generous than that; and if under the rules then in effect they could avoid paying you given when you left, they may do so.


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