After submitting your letter of resignation from being an independent contractor, can an employer withhold paying you your last commission check?

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After submitting your letter of resignation from being an independent contractor, can an employer withhold paying you your last commission check?

Asked on March 12, 2012 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Independent contractors have somewhat less protectinon in this regard than employees. In particular, what, whether, when, etc. they are paid is governed entirely by the agreement or contract between the contractor and employer; and if their was no written agreement, it will be governed by the oral agreement or understanding between them.

You need to be paid any last commissions, therefore, per the same terms governing all other commissions--if you have earned it, you would normally need to be paid it. However, if the independent contractor or commission agreement provided some ground to not pay in this situation--for example, the last check could be held until all  monies are collected from the customers; or the independent contractor had to still be working with the employer at the time a check would be issued to receive it; etc.--that term would be enforceable.

The short answer is, you would normally expect to be paid, but if there is something to the contrary in the agreement under which you were working and earning commissions, that is enforceable.


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