Can my job decide to not pay out my commission?

UPDATED: Sep 30, 2022

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Can my job decide to not pay out my commission?

I work for a property management company in Idaho. I get paid 100.00 per 11-13 month lease signed, 75.00 per 8-10 month lease 50.00 for 5-7 month lease. They moved me out of the property and to another one. There were some corrections needed to be made to the leases that I signed so they will not pay me my commission because I am not making the corrections. Is that legal

Asked on August 25, 2016 under Employment Labor Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It would be legal IF that was the agreement or arrangement pursuant to which you worked: that is, you worked knowing that if you could not or did not make any corrections, yo would not be paid. Such an arrangement is legal so long as agreed to--either explicitly, or at least implicitly, by you working knowing that it was the arrangment (working with knowledge of the terms shows agreement with them).
But if that was not the agreement, and as far as you were informed, you would commissioned on leases with no debit, etc. for not making corrections, then they need to pay you for all leases you signed, pursuant to the then-existing agreement. If they do not, you may sue them for breach of contract for the money. Of course, suing your employer is a drastic step, so you might choose to not do this.
(Even if the agreement was not in writing, there was at least an oral understanding or agreement--that's what you can enforce in the absence of a written commission agreement.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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