What can I do if my previous employer has not paid me my final commissions check?

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What can I do if my previous employer has not paid me my final commissions check?

They let me go in the beginning of July and I was told that I would still get it as I worked all of June. The HR woman has not responded to my emails or calls. Talking to employees still working for the company they all received theirs on July 31st. What can I do? It is a $2,500 check.

Asked on August 9, 2015 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue them: if you worked for and earned that commission, they must pay it (subject to any legitimate offsets, chargebacks, etc. they may deduct). If they won't pay, you can sue them in small claims  court, acting as your own attorney (to save legal fees to get the money. You would sue for breach of contract: the agreement, even if only oral or verbal, that you would be paid commissions in exchange for making sales.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue them: if you worked for and earned that commission, they must pay it (subject to any legitimate offsets, chargebacks, etc. they may deduct). If they won't pay, you can sue them in small claims  court, acting as your own attorney (to save legal fees to get the money. You would sue for breach of contract: the agreement, even if only oral or verbal, that you would be paid commissions in exchange for making sales.


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