Wage theft occurs when employees are not paid all that they earned for their job. This could be salaries, hourly wages, or commissions. Many people in a sales position are paid commission as part of their salaries. Commission could be viewed as an incentive to encourage productivity. If your agreement indicates you are to be paid commission, and you are not, you are a victim of wage theft. If you have experienced wage theft, you may be eligible to pursue a claim against your employer to recover compensation for your damages.
You should review your employment contract and make sure that you are entitled to commissions. If you are supposed to be paid commission, but you are not receiving those earnings, you should act promptly and ask to be compensated the commissions that you are owed. Always maintain supporting evidence and documentation should you find yourself in a situation where you are a victim of wage theft because of the non-payment of commissions.
Commission Wage Theft As A Literary Agent
If you are a literary agent, your employment contract may indicate that part of your pay consists of commissions. A literary agent represents writers and their projects, such as book manuscripts, screenplays, and so forth. As a literary agent, you work on reaching a deal and negotiating a sale with the publisher, theatrical company, film studio, or other agency. After the agreement has been reached, the literary agent will often be paid a commission which could be a percentage of the agreement or a flat fee for negotiating the transaction.
Despite employment laws, an employer may try to illegally withhold commissions due to a sales professional in a variety of ways. You may not be paid your full commission, or you may not receive commission for all your sales. As soon as you realize that you are not receiving the agreed commission, you should speak with your employer. You should maintain documentation and evidence to support your claim and to show that you notified your employer of the discrepancy and your failure to receive your commission as agreed.
The Next Steps
If you realize that you are not being your commission as a literary agent, you will need to gather all the evidence and documentation that you can to prove you were to be paid commission and that you were not paid the commission that you earned. To recover your unpaid wages, you will need to either file an administrative claim with the Wage and Hour Division (WHD) of the state’s Department of Labor or file a lawsuit in a court of law.
You should review both state and federal laws regarding the payment of wages, and, also, review your state law regarding the payment of commissions as part of a worker’s income. You will need to provide documentation showing you were to be paid commissions, how much you are owed, and that you notified your employer of the wage discrepancy in an effort to resolve the issue. You should also document your employers’ response or their lack of a response to your complaint.
Remember, you will need supporting evidence and documentation to have a successful claim. An employment law attorney will investigate your claim and make sure everything is in order to support your claim. Employment law claims can be challenging, so you will want to make sure you get everything in order and that you file your claim before time runs out.
Speak To An Employment Law Attorney
If you are a literary agent who was not paid the commissions that you were promised, you will need to enlist the help of an employment law attorney who handles wage theft claims in your state. With the help of an attorney, you are much more likely to get your claim on the right track and recoup your losses. An employment attorney is familiar with the state and federal laws that apply to your claim, so he or she will know how to proceed with your claim.
Usually, there is a two-year time limit for pursuing a claim against an employer for wage theft. If you wait past the deadline, you will not be allowed to advance your claim and be compensated for your lost earnings. When you meet with an attorney, be sure to discuss the payment program. Some attorneys will take the case on a contingency basis and not be paid until you win your case while others will require a retainer to be paid in advance.
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