If I’m a commission only sales rep, can I still get the commission earned from the sales I made up until the day I leave?

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If I’m a commission only sales rep, can I still get the commission earned from the sales I made up until the day I leave?

The handbook says that upon termination you will only be paid up until the day you leave. I wasn’t fired.

Asked on July 23, 2015 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the handbook says you will be paid until the day you leave, you will most likely be paid for all sales made until that day, subject to the following: employers are allowed to only pay their commissioned reps for final or completed sales (i.e. not for cancelled sales, returns/refunds, etc.). They could hold off on paying you for a reasonable time (what is reasonable typically based on their past practices: how long has it generally taken them to judge sales to be "final"?) to verify how many of the sales are final, before paying you.


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