Does my employer owe me compensation?

[UnhappyCampr]

What is the name of your state (only U.S. law)? NY

I recently posted a thread about my recent termination on another board so I will not go into details about that here.

My question is...does my employer owe me commissions that has not been paid before my termination? For as long as I've been with the company, previous month's commissions are paid at the end of the current month. In other words, on Friday Jan 30th I checked my commissions tracker and was eligible for $1100 for the month of January (this figure is strictly commission and does not involve any time worked). Typically this $1100 would have been paid out to me at the end of Feb had I still been with the company; I was released on Mon Feb 2nd. Today I received my "last paycheck" (pay day is every other Friday) and this amount does not seem to be included as the check was much smaller than it would have been had it included this $1100. I worked through the entire month of January and earned this commission, does this money not belong to me even though I was terminated the month after it had been earned? I know these funds are subject to federal and state taxes but even after deductions my pay was nowhere close.

 

[cbg]

You'll probably want to ask the state DOL about this, since the answer is not as clear-cut as it may seem. It will depend on both state law on the subject and also the wording of your commission agreement.

It's been a long time since I worked payroll, or with commissions. But as I recall, in my state you would be owed commissions on any accounts that you CLOSED before your termination. Any accounts that were closed by someone else after your termination would not be due to you, regardless of how much work you put into it prior to leaving.

My state is not yours and your mileage may vary. However, most states follow roughly the same pattern as above, though the details can be slightly different. Your state DOL will be able to give you a more exact answer.

 

[The Occultist]

I have two questions (not really legal questions, so feel free to ignore me here):

1.) Did you ask your previous employer this same question? If so, what was the response?

2.) Depending on the response from question 1, did you consider that it is not yet the end of Feb and that you might indeed receive those commissions in a few weeks?

 

[UnhappyCampr]

I have two questions (not really legal questions, so feel free to ignore me here):

1.) Did you ask your previous employer this same question? If so, what was the response?

2.) Depending on the response from question 1, did you consider that it is not yet the end of Feb and that you might indeed receive those commissions in a few weeks?

1) I have reached out directly to my HR/Payroll dept. in which they responded that they would have to get in contact with my business level compensation unit to get an answer.

2) I still have not heard back from HR. I have considered that I would be receiving the payment but would like to receive feedback from other members here who may have experienced similar situations just to get an idea of what I should expect. I will find out if and when I receive a response from HR or by the end of this week as the next pay day would be this Friday.