If I’m paid salary plus commission and quit my job, should I still get my commission check?

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If I’m paid salary plus commission and quit my job, should I still get my commission check?

I quit where I’m at. I get a weekly salary of $560 before taxes and a commission the 10th of every

month based off sales. I received my last weekly check but haven’t received my monthly commission. Am I still owed that?

Asked on January 16, 2017 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on the terms or conditions under which you received the commission: it would be legal for the arrangement to be that you are still paid it, or it would be legal for it to be the case that you only receive it if still employed on the date it is paid. It depends on the "agreement" pursuant to which you worked--either type of arrangment is legal. If you had  a written employment or commission agreement spelling this out, follow it; if not, if there is any written guidance on the subject, such as in an employee handbook, follow that; if not, look to past precedent--what has this employer done with other employers who quit or resigned, or if none quit or resigned, were terminate? That can provide guidance as to the terms under which you'd work.
If there is NO guidance, either explicit or implicit, from your company, look to what similar companies in your area and industry do, since in the absence of anything else, industry norms can guide the court (if you were to sue for the money, if you are not paid it, since if not paid, suing is the *only* way to get it) in determining what were the terms or conditions underwhich you worked. You need *something* showing you would be owed the money, otherwise, you are unlikely to be able to recover it.


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