If you are a salesperson who is paid commissions, receiving those commissions is an essential part of your paycheck. You work hard to make those sales, and your commissions, which is either a flat fee per sale or a percentage of the sale, are significant earnings.
Often, a large percentage of the salesperson’s overall salary is based on his or her commissions from sales made. If you do not receive your commission with your paycheck, you could find yourself in a tough financial situation. You and your family depend on your commissions to cover your living expenses.
If you do not get paid on time – as when it was agreed to be paid – you could find yourself unable to pay your routine costs of living.
You do have laws that protect you and there are resources available to help you get your claim on track and recover what is owed to you. You should act promptly and let your employer know that you are owed your commissions and that you have not been paid as agreed.
Your first step is to notify your manager or human resources department, so you can get the claim underway in a timely manner. They may address the issue and ensure you are paid promptly.
Are Commissions Considered Wages?
There are laws that require timely payment of wages that are earned. State laws can vary regarding this, and some states require weekly pay while others require bi-weekly, bi-monthly, or monthly paychecks.
You may be wondering if these rules also apply to commissions. In general, commissions are considered wages because they are earned while you are on the job.
If you are not receiving your commission checks in a timely manner, you should speak with an employment law attorney.
An attorney will be familiar with the state and federal laws that apply and will help you get your claim underway so you can recover your lost earnings and any other damages that you have suffered because of the failure of your employer to pay your commissions in a timely manner.
What To Do
If you have not been paid your commissions as agreed, you should review your employment contract or agreement. If you do not have your copy, ask human resources for a copy of it because your employer must keep it on file.
Sometimes commissions may be paid at a different time than your regular wages, and that should be indicated in your employment agreement. You should gather evidence that indicates your sales and then compare that to paystubs where commissions were paid.
You will need to prove that you were not paid all the wages that you earned, and you will need to make sure you address the problem promptly because time is limited for pursuing a claim against your employer after you failed to receive your commissions that you earned for sales.
Documentation and evidence are essential to the success of your claim against your employer. You will have to prove how much you earned and how much you are owed, so you will need to maintain thorough documentation and records.
These records are to protect you should there ever be a situation arise where you are not paid in a timely manner.
Get a Free Case Evaluation Today
You should enlist the help of an employment law attorney. The claims process is complex, and attorney will know how to handle employment law matters. An attorney will review the details of your situation, look over the supporting documentation, and then determine the best way to proceed with your claim.
With the help of an attorney, you are much more likely to succeed with your claim against your employer for commissions that you have earned but have not been paid.
You should review your lawyer’s payment plan. Some attorneys require a retainer to be paid in advance, but others do take cases on a contingency basis and are not paid until you win your claim and recover compensation from your employer.
When you meet with an attorney, be sure to go over all the details and ask any questions that you may have regarding your claim and the claims process.
There is a statute of limitations, which is a strict time limit, for pursuing a claim against your employer.
Do not wait until it is too late to recover damages. Complete the Free Case Evaluation Form today to get your claim on the right track by sharing details with an attorney who handles employment law matters in your area.
