If I was terminated before i was paid my commission, can the company forfeit my commission pay?

Are they supposed to pay me?

Asked on September 5, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no standard answer: it depends upon the terms and conditions pursuant to which you earned you commission. It is legal--and more common--to pay terminated employees for any commissions they earned prior to termination; but it is also legal--if less common--to require that employees be working as of the date of payment of a commission to receive it. It depends upon the structure of your commission plan. If you are not sure what that structure was or what your rights are--of if you believe that you are entitled to a commission in this instance--consult with an employment law attorney. Bring with you any offer letters, contracts/agreements, memos, emails, employee handbooks, etc. relating to the commission.


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