If I quit my job, canmy employer refuse to payme commission that I have already earned?
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If I quit my job, canmy employer refuse to payme commission that I have already earned?
I am currently a sales representative. I usually get my commission for my sales of the month, the following month. When I told my boss that I am leaving job this month, he told me that he cannot pay my commission on my sales this month because of that reason. Is it legal ?
Asked on August 27, 2010 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no single right answer. The issue depends on the terms of your employment and the terms under which you were paid commissions. It would be legal for those terms to be that you would not be paid commissions after you leave the company, even if they are commissions on sales made previously. It's also legal---and more common--that you would be paid commissions that you earned (i.e. on sales you made), though possibly somewhat delayed, to allow a final accounting of any bad debts, returns, credits, etc. that would reduce the amount of the commission. So you need to look to your employment or sales agreement, or if there's no written agreement, at least any oral agreements and/or the company's past practice (which can establish the terms) to find out what your rights are in this situation. Good luck.
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