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How is this legal?!?!!? what do I do?

Hillsboro, OR |

after I was terminated from my job I knew I had commission checks coming to me, now its may and I haven't received them and macys claims I had 5 checks but they say they were all wipped out and set to zero so there for I get nothing. ummmm??? what do I do..... ive called and contacted them and I haven't gotten an answer!

Attorney Answers 2

  1. Whether you get paid commissions after employment is a matter of contract. It sounds from your question that there was an agreement that you would be paid these commissions. If that is true, then the next question is whether you can prove that they owe the commissions. In most cases, the employer records are needed to prove whether commissions or wages is due. Commissions get more muddy because the employer records are usually not great making it difficult to prove. It is best where the client knows enough to prove that they are due something, but need the records only to prove how much.

    In addition to the unpaid commissions, if your employment has ended, you likely will be entitled to penalty wages. These wages are equal to 30 days of wages. So if you averaged $15.00 per hour, then the penalty would be equal to a maximum of $3,600.

    Since some attorneys will provide free consultation and take wage cases on a contingency fee basis, you should contact an attorney and describe the actual facts and discuss how the wages can be proved. That way you have a better idea how to proceed. An open question on this site is not the proper forum for such a discussion.

    Information is provided to assist the reader in forming questions and allow them to take full advantage of a consultation with the attorney of their choice. Schuck Law, LLC does not provide legal advice to individuals who have not signed a written fee agreement with the firm. The facts, which were not disclosed in the written question may change the advice, if any, that would be rendered by the attorneys at Schuck Law, LLC. For these and other reasons, Schuck Law, LLC is not responsible for any damages caused by the reader's use, mis-use, or interpretation of the information provided herein.

  2. You should contact an attorney to review all the facts, you should have them review your contract and advise you.

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