We fired an employee and she is claiming we owe her comission on work she did bring in. We were told she was fired so wouldnt have to pay her. She is claiming we do.
Real Estate Attorney
I agree with Mr. Smith and the contract may survive the termination unless the terms coincide and are incorporated into each other. Take the paperwork to the company lawyer and if you don't have one use the find a lawyer tab above it will be cheaper that defending against a lawsuit.
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Elder Law Attorney
Generally, I agree with the prior attorney answers. There is no way that an attorney on a free website can give you the detailed and precise answer that your own counsel can provide, knowing the company policies on when commissions are deemed earned. That is contractual, and as long as the employee has been paid minimum wage, then the answer lies in your contract and prior company practices, no with any particular state statute. Your policies and procedures, even if not written, must be consistent from one employee to the next to avoid even inadvertent sexism, racism, etc. You are well advised to be certain that your conduct complies with company policy and practice, and to not fly by the seat of your pants on how these are actually implemented.
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3 lawyers agree
Securities / Investment Fraud Attorney
If you do not have a written policy in the commission contract that says that she is not entitled to commissions earned if terminated before commission payment is made, then you likely owe the commission.
1 lawyer agrees