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My employer is filing chapter 13 bankruptcy, what can I do to get my sales commission

Asked about 3 years ago - Porter, TX

I work on commision and recieve my
percentage after my work is completed. I am a salesman for a cabinet company in texas. I measure new homes for cabinetry then schedule the installation and take care of any issues until the home closes at sale. Recently a reputable builder has been unable to pay my company on time. My company had already paid me for my work, the homes closed so I got paid. Now my
company has taken my commision from these jobs back- out of my check.
They say that when the builder pays I will get my money back. I think the builder is filing chapter 13. My question is, is this legal? Do I have any legal recourse? I know that when I took this job it wasnt like this. As if it werent bad enough, I still have other jobs for this builder, so I will be losing again hoping to be repaid- please help, thanks.

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Attorney answers (1)

David Alan Tilem

Reputation Level 6

Answered about 3 years ago. Chapter 7 Bankruptcy Attorney in Glendale, CA.

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Your question is really hard to follow. From what I can tell, however, it is not your employer the cabinet company filing Chapter 13, but rather a builder which is one of its customers. This makes sense since companies, such as your employer, are not allowed to file Chapter 13. Chapter 13 is reserved for individuals and individuals who own companies as sole proprietors only. Anyway, you don't have any relationship with the builder so you have no rights in the builder's Chapter 13. Your employer does have a relationship with the builder and should take appropriate legal action to protect its rights. Your rights as an employee are governed by Texas labor laws and you should post another question for a labor lawyer familiar with Texas labor law. The bankruptcy filing of the builder is not relevant to your problem which is a problem between you and your employer the cabinet company.

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