Typically, it is against the law for an employer to withhold commission if you quit. If you resign and your employer chooses not to pay your commission, consult with a wage theft and overtime pay dispute lawyer. Together, you and your attorney can take legal action against your employer.
A wage theft & overtime pay dispute lawyer in Boston protects the legal rights of workers. They will learn about your case and determine if you have grounds for a lawsuit. Next, your attorney can file your claim.
What Happens to Your Commission if You Quit?
In most cases, an employer will pay a worker’s commission after they quit. For instance, if a worker earns a commission and then resigns, their employer can pay the commission. That way, the employer and their worker can end their professional relationship on a positive note.
Ask your employer for information about how a commission is paid. A commission could be delayed until a transaction is finalized. Or, your employer may have policies in place that determine how a commission is paid at a later time.
If you quit, you should still get your commission. Unfortunately, your employer could claim it does not have to pay you or choose not to do so. In these scenarios and similar ones in which an employer withholds your commission, you can get legal help and boost your chances of securing the compensation you earned.
For a free legal consultation, call (860) 999-9394
When Can an Employer Withhold Commission if You Quit?
An employer can withhold commission if you quit and your employment contract states you are not entitled to this compensation. If your employment agreement indicates your employer does not have to pay your commission, it may be difficult to receive it. Alternatively, you could sue for breach of an employment contract to try to recover this commission.
If you are unsure about whether your employer can withhold your commission if you resign, consult with a lawyer. At this point, your attorney can review your employment contract. If your legal rights were violated, your lawyer can determine what you can do to get your commission.
You can file a lawsuit if an employer decides not to pay your commission after you quit. A lawyer can explain the legal process for submitting a lawsuit. They can seek justice on your behalf and put you in a great position to secure damages for your unpaid commission.
What Should You Do if an Employer Withholds Commission if You Quit?
Discuss your unpaid commission with your employer. If you have a written employment contract, make a copy of it to share with your employer, as this can serve as proof to show you should be paid your commission. From here, take these steps if your employer still refuses to pay you.
Meet With a Lawyer
Examine your legal options with a lawyer. If necessary, a lawyer can file a claim on your behalf. They can also sue your employer and prepare an argument to help you prove you should get the commission your employer withheld.
Submit a Complaint
Exercise your right to submit a formal complaint against your employer. Your lawyer can explain how to report unpaid wages in Massachusetts. They can help you complete the required paperwork for your complaint.
Sue Your Employer
File a lawsuit based on a violation of your employment contract. Your attorney can guide you through the process of filing a lawsuit against your employer. As your litigation moves forward, your lawyer can assist you at each stage of the legal process.
Serving as your advocate for justice, your lawyer wants you to get fair compensation. In your lawsuit, your lawyer can request damages for your unpaid commission, attorney fees, and other losses. They can use employee handbooks, communications with your employer, and other documentation to support your argument.
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Are There Employee Laws for Collecting Commission?
State laws vary regarding collecting employee commission payments. The Fair Labor Standards Act (FLSA) does not require companies to pay commissions. If you have an employment contract in place that defines how a commission is paid, you and your employer are subject to this agreement’s terms and conditions.
If there is a dispute about unpaid commission after you quit, do not wait to resolve it. For most wage violations, Massachusetts has a statute of limitations of three years from the date of the violation to seek damages from any liable parties. Once this window closes, you may not be able to pursue compensation for your unpaid commission.
A wage theft and overtime pay dispute attorney understands state and national laws regarding unpaid commission and how they apply to your case. They can teach you about these laws and answer any questions you have about them. Plus, your lawyer will help you hold your employer accountable for their unlawful practices.
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Partner With Lawyers Who Prioritize Your Legal Rights
An employer can withhold commission if you quit and, in doing so, violate your legal rights. If you resign and your employer refuses to pay your commission, legal help is available. Hire a lawyer to request the compensation you deserve and help keep your employer from withholding commission from other workers down the line.
Duddy, Goodwin & Pollard is a beacon of support for those who are facing challenges in the workplace due to illegal practices. Let our lawyers help you with your unpaid commission claim. Contact us today to get started.
Call or text (860) 999-9394 or complete a Free Case Evaluation form