What is the status of wages owed after employee quits?
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What is the status of wages owed after employee quits?
I have worked for my employer for the last 8 years. About 2 months ago, new owners purchased the business from the widow of the owner. There are 2 gentlemen. Things went along OK for a while until changes started to occur, none of which were made common knowledge to the employees. I had been working approximately 53 hours a week. This is what was required to keep the store open and profitable. I worked with a co-worker who assumed the job as manager. Then about 5 weeks ago, I was informed that my hours had been reduced to 25 per week. Then, 3 weeks ago, I was informed that I would only be working on Monday and Saturday, approximately 14 hours per week. At that time I made the decision that the new owners had no further need of my services, so I quit. Our pay was structured on hourly plus sales commission for products and service contracts sold. We did receive a partial settlement for the month for that month but nothing for last month. I have paperwork to substantiate that claim. I sent several emails to the partner here in town regarding the balance due on my sales commission. I received a response back last week stating the following,
Asked on October 16, 2018 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the terms under which you worked and earned commissions is that once a commission was earned, you would be paid it even if you no longer worked there when it was paid (i.e. it was not part of the commission agreement, whether oral or written, that you had to be employed when paid to receive it), you are entitled to your full earned but unpaid commissions and may sue them if not paid (e.g. in small claims court, on a "pro se," or as your own attorney, basis to save costs).
Your state does require the payment of accrued but unused vacation when your employment ends, unless there was a clear written policy that it would not be paid out on employment termination. Without such a policy, they owe you the money and you could sue for it, too.
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