Can my employer withhold my commission check for months without telling me the reason why?

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Can my employer withhold my commission check for months without telling me the reason why?

I get paid a salary and commission. My commission is based on how many hours I work on a specific car line throughout the month. I submit a summary and paperwork proving what the work I have done is legitimate at the end of the month. Can my employer withhold that commission check for no reason other than “I just haven’t gotten to it.” It is now the middle of October and I am yet to receive my August and September checks. Is there an agency that I can report this to?

Asked on October 14, 2010 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have a contract with your employer that spells out the details of your employment?  Does it address the issue as to commission?  I would read through it.  It may have language as to payment of your checks within a time period.  If not, then I would seek help from the Department of Labor in your state.  Your commission was earned already and should have been paid at the very least within 30 days of his payment.  Is it possible that something else may be going on here?  Is your employer having financial difficulties and is it possible that the money has been used elsewhere?  This may be a real possibility.  Be prepared for this worst case scenario.  Good luck.


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