Is it legal for a former employer to not pay commissions for the time when I was employed there?

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Is it legal for a former employer to not pay commissions for the time when I was employed there?

My previous employer is refusing to pay commissions for the final month that I was employed, is this legal or are they obligated to pay? I had a contract an it states in the contract that’s part of my compensation.

Asked on May 10, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They have to pay you *unless* there was a written employment or commission agreement stating that if your employment ended prior to commissions being paid, that in that event, they would not have to pay you. Barring that, they need to pay as per the commission agreement; if they don't, you can sue them for breach of contract to recover the money. If the amount at stake is less than or equal to the limit for small claims court, sue in small claims, as your own attorney or "pro se," to both reduce costs and speed up matters (small claims court is faster than other courts).


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