Yes, you should file a complaint with the New York State Department of Labor. Employers are required to pay commissions within five business days of employment termination or within five business days after the commission has been earned if it had not yet been earned when your employment was terminated. Based on the information you have provided, it sounds like your commissions should have been earned by now.
The information provided above is for general purposes only. It does not constitute legal advice or create an attorney-client relationship. Seek competent legal representation, because the facts of each case are different.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
I would hire a private attorney. The Labor Law provides for penalties as well as attorneys fees to be awarded so your employer will have a strong incentive to settle the case quickly. Best of luck!
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