What can I do if commissions have not been paid for the last 3 months?

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What can I do if commissions have not been paid for the last 3 months?

I am a sales representative with a base salary of $11.50 and a 5 commissions. Commissions are paid every 15th of each month and are paid only when client has paid. I have been working for my company for 2 years now, and suddenly 3 months ago we did not get paid commissions (and have not since). They tell us that there is no money or not right now. I have a report of what they owe me and it is over $2000. What can I do? Who do I speak to? Is there any agency where I can look for help?

Asked on February 16, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If commissions are not paid, your recourse is to sue your employer for the money. For the amount you describe, suing in small claims court on a "pro se" basis (as your own attorney) to save on legal fees is a good option. Not having money is not a legal defense to the obligation to pay (even if you say you have no money, the law says you should pay all your obligations)--though as a practical matter, if the company is so short of money as to be insolvent (not have enough to pay its debts and obligations), then even if you win, you may be unable to collect: a judgment in your favor cannot make money appear if there is none.


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