If I was terminated before i was paid my commission, can the company forfeit my commission pay?

UPDATED: Sep 5, 2012

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If I was terminated before i was paid my commission, can the company forfeit my commission pay?

Are they supposed to pay me?

Asked on September 5, 2012 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no standard answer: it depends upon the terms and conditions pursuant to which you earned you commission. It is legal--and more common--to pay terminated employees for any commissions they earned prior to termination; but it is also legal--if less common--to require that employees be working as of the date of payment of a commission to receive it. It depends upon the structure of your commission plan. If you are not sure what that structure was or what your rights are--of if you believe that you are entitled to a commission in this instance--consult with an employment law attorney. Bring with you any offer letters, contracts/agreements, memos, emails, employee handbooks, etc. relating to the commission.

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