Can an employer with hold commission payments when I am on maternity leave (sales made prior to leave). Live in WA state.
My employer wants to withhold/and not payout a portion of commission when I am on maternity leave. Commission payout cycle typically takes 30-60 days due to client payment terms and our accounting. Is it legal to with hold commission for sales made prior to my maternity leave. I am the first employee to go on maternity leave so I haven't even seen a ML policy yet. Also they said I could collect a portion of the withheld when I return from leave and stay for a few months.
Div I published a decision today about commissions and when employers can withhold them. The answer is pretty much never. If you go to the Labor and Industries website, you can find the links to report what your employer is doing and get some assistance from L&I with this. If you need more help, Eileen Lawrence is in Seattle and she is very good at this sort of problem.
If you have earned the money they have no basis to not pay you, and the fact that you are on maternity leave is not relevant, except it could possibly give rise to a discrimination claim. Hope this helps. Elizabeth Powell
Washington has strict laws against withholding wages, even for commissions. Generally commissions need to be paid when due. If an employer willfully withholds wages the employer will have to pay double the amount of the wages as well as the attorney's fees and costs incurred by the employee to recover the wages due and owing. Withholding commission wages because a person goes on maternity leave may not only violate the wage laws but also be considered pregnancy discrimination and violation of medical leave act. If your employer refuses to pay you your commissions when they are due because of your pregnancy, you should speak with lawyer specializing in wages and pregnancy discrimination.
