If I quit my sales/commission job, do I get earned commission?

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If I quit my sales/commission job, do I get earned commission?

I am considering leaving my current job. I have earned/invoiced commissions that do not pay out until 30 days after they are invoiced. If I quit, am I entitled to that commission?

Asked on December 22, 2016 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on the terms under which you work: it would be legal for you to be paid them notwithstanding that you leave employment; it would also be legal for employees to have to be employed at the time of payment to receive their commissions--it all comes down to what was agreed between you and your employer. If there is a written agreement (e.g. a commission agreement), its terms control; if no written agreement, but an oral agreement as to this topic, then you'd look to that; if no oral agreement, you look at what the company has done previously in similar cases--that precedent will inform or determine whether you need to be employed when payment is made to get the commission (i.e. what has happened with other people who quit or were terminated). If there's no agreement and no precedent, then if you were not paid but sued for the money, a court would try to look at what is commonly done in your industry to see what the terms regarding payment should be understood to be and likely base its ruling on that.


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