I was let go from a software company and have been paid for my hours worked, however, have not received my commission check?

UPDATED: May 23, 2012

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I was let go from a software company and have been paid for my hours worked, however, have not received my commission check?

We got paid on the 7 and the 20th. The second paycheck is all commissions due from the month previous. I had contacted HR and have left 2 messages and and a email in regards to this matter. He left me an email yesterday saying he will contact finance and will get back to me. Still no word. Being that I do not start my new job for 2 more weeks, I need this check for mortage, loans, etc. What do I do besides write a letter and contact the labor board? Any help on trying to get it now or to spped up the process? I hear that some companies actually mail you the final check as well.

Asked on May 23, 2012 under Employment Labor Law, District of Columbia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In North Carolina, employees whose "employment is discontinued" must be paid all amounts due as compensation by the time their next paycheck would have been due (i.e. by when you would have been paid next, had you still been employed).

If your employer is not honoring its obligation in regards to amount or timing of pay, there really are only two options, neither of which is likely to resolve the matter very quickly: complain to the department of labor, or else bring a lawsuit. Certainly you can contact the employer and let them know you will take legal action if necessary, and hopefully that will motivate them; but there is no very fast process for making them pay if they refuse to.

Note that if you suffer any losses or costs--including late fees, overdraft protection fees, interest from borrowing money, etc.--due to them not paying you on time, you could sue them for those costs as well as for the pay itself.

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