My employer is withholding a compensation payout to me and not providing any details or updates. What am I able to do to get the payout I am owed?
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My employer is withholding a compensation payout to me and not providing any details or updates. What am I able to do to get the payout I am owed?
I am in sales and closed a deal with a
large payout. My company did not
budget to payout such a large deal and
have withheld paying me out. I have all
legal documents signed stating my
compensation plan. They failed to
notify that they would be paying me out
until they sent my commission
statement three days before I was
supposed to be paid. I have reached
out to several people asking for
updates and am no longer getting any
response. I am owed over 7k, what
legal actions should I or can I take?
Asked on May 12, 2016 under Employment Labor Law, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If salesperson is paid his or her commission, then the recourse is to sue the employer: you would sue for breach of contract--for violation of the agreement (whether written, oral, or a combination of both) pursuant to which you made sales in exchange for commissions. Since you did your part, they are required to fulfill their obligations and pay you.
Suing your employer is a drastic step, so it's clearly better to spend some more time and effort on resolving this amicably, such as by letting them pay you out over time, or possibly accepting less than full payment as payment in full. But if you can't resolve it, suing is an option.
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