What to do if I worked for a company where i was working 40 hours a week and recieving commission but recieved the wrong pay?

I recently looked up the state law about commission pay for a friend. I then realized that I was being underpaid. Even though it was almost a year ago that I quit, is there anythinkg that I can legally do about this?

Asked on January 18, 2013 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could sue to recover the additional money owed you, assuming your former employer will not voluntarily rectify this. When someone works, they work pursuant to an agreement, even if it's only an oral/verbal one (no written agreement). That agreement is that in exchange for performing certain work, they will receive a certain pay; if the employee is not paid everything he or she is owed, that is a breach of the agreement; when an agreement, including an oral one, is breached, the injured party may sue to recover the money they are owed. (For amounts which are less than your state's maximum small claims cap, you'd probably be well-advised to sue in small claims court, acting as your own attorney.)

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