My employer did not pay me a commission…

…because the amount was too large, despite my contract. What can I do?

Asked on January 10, 2018 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you have a contract setting forth your commission rate, they must pay the commission as indicated in or by the contract: if they do not, they are violating the contract and could be sued for "breach of contract" to recover the money. There is no legal defense to not paying because "the amount was too large"--that is not grounds to not pay (unless the contract actually says that commissions over a certain size, etc. will not be paid). Of course, if the real problem is that they can't pay is that they do not have the mone to pay, you might not get the money even if you and win: winning in court does not make money appear where there is none.


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