Can an employer not pay you commissions upon seperation of employment?

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Can an employer not pay you commissions upon seperation of employment?

I do contract sales and my commissions are based on a 13 week average. After that I am paid on the sale if I separate from my employer for any reason. Do they have to pay me on the commissions I have pending?

Asked on June 22, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no general or always right answer--it depends entirely on the agreement (including an oral one, if there is no written agreement) between you and your employer as to payment of commissions. It would be legal to not pay you pending commission, just as it would be legal to pay them--it depends upon the terms and conditions under which you worked.


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