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Can I still get paid for commission after I quit?

Ottawa, IL |

I recently quit my job and am hourly + commission paid. Since I have done my portion of the required job to earn commission can my ex-employer not pay me for that work already performed by me?

Attorney Answers 2


  1. I don't know. What were the terms of employment relative to earning commissions? Normally you are paid for work done and that would include however payment was earned, so that your entitlement arose during employment, even though you are not employed. But some places make continuing employment a condition of certain forms of pay. If you do not know that, you do not know what if any rights and/or obligations you were working under and may have to see if you have anything in writing to identify those rights/obligations or you may have to ask and if you ask the issue will be whether they were honest with you, so it may be helpful to have an attorney ask on your behalf.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.


  2. The Illinois Sales Representative Act creates a cause of action for an employer's failure to pay commissions due at the time of termination of a contract between a sales representative and principal and commissions that become due after termination.

    Whether that Act applies will be dependent upon the specific facts, such as the terms of any sales representative agreement between you and the employer, and whether your position fits within the scope of the Sales Representative Act.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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