I resigned from my job because of changes in the industry that were making it impossible to do my job. They constantly incorrectly paid my commision and now they are telling me they are not paying me my last commision at all because I am no longer employed by them but when i made the sales i was a full time employee it is also the biggest layout of the year I need legal assistance asap thx
get a consult with an attorney. It all depends on what your agreement says.
First, moving this to Employment & Labor as a practice area where you may receive better responses. Second, you should consult with an employment attorney to review any documents that you have regarding your commission structure.
NOT LEGAL ADVICE NO ATTORNEY-CLIENT RELATIONSHIP FORMED
It all depends on what your commission structure is and when your commission is deemed "earned" (i.e. after a sale or after employer securing payment). If you earned it and was not paid then you are entitled to it.
If you had a written agreement which sets forth the terms as to when commissions are "earned", the contract terms usually control whether you are entitled to the unpaid commissions. If you didn't have an express written agreement, your and your employer's course of conduct during the time you were employed could have created an "implied contract" as to when your commissions were earned and payable. Absent an express written contract or "implied contract", generally, a sales employee earns and is entitled to payment of commissions if he/she procured a willing and able "buyer"/"client" even if he/she no longer works for the company.
You should consult an attorney with experience in representing sales employees with unpaid commissions issues under contract and the NY Labor Law.
DISCLAIMER: Please be advised that this response does not constitute legal advice and has been provided for informational purposes only, nor does it create any attorney-client relationship. Only a signed written agreement can do that. This answer is only in relation to the facts presented and may change according to unidentified facts. Always consult with an attorney.
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