Whether you are entitled to collect unpaid commissions depends on a number of factors, but most particularly, on the wording of the commission plan or commission agreement, and what it says about when commissions become due and payable. I would suggest having a lawyer review the commission plan and the facts surrounding your termination.
You should consult with an employment attorney in your area. Unpaid wages, including commissions, are taken very seriously in Massachusetts. Employers who violate wage laws can be required to pay triple the damages plus attorney fees.
Whether or not your employer owes you future commission payments is depended upon the terms of your commission structure. An attorney can review that and let you know what your options are.
You can search for an attorney on Avvo or contact the Massachusetts Employment Lawyers Association for a referral.
This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.
I agree with Attorney Miller on this question. It really depends on the language of the agreement. You should speak with an attorney because you may be entitled to increased damages and your attorney fees if, in fact, you are owed the money. An attorney could advise you on the strength of any potential claim.
Please note: any comments made on this website relate to general trends in law and are not to be understood as legal advice establishing a lawyer-client relationship. Please consult an attorney admitted in your jurisdiction before making any legal decisions. I am a licensed attorney only in the Commonwealth of Massachusetts and in United States District Court for the District of Vermont. For more information about the New England Law Group, P.C. Please contact 401-316-0007 or www.lawgroupne.com
In addition to a possible claim based on the commission agreement, you may also have a claim if you can show that the employer terminated you to prevent you from getting compensation that you already earned. In legal terms, this is a violation of the "covenant of good faith and fair dealing." Something else you should discuss with an attorney.