Am I due commission payments after I leave a company?

UPDATED: Sep 30, 2022

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Am I due commission payments after I leave a company?

I was a 100% commission employee and recently put in 2 weeks notice. This company allowed me to work those 2 weeks and is now stating they do not owe me payment for jobs i put in the pipeline during those 2 weeks. Is that


Asked on May 25, 2017 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no general answer: unlike salary and wages, commissions are governed mostly by the agreement between employee and employer as to the terms for commissions (rather than by fixed or set laws). It would be legal to pay employees for all commissions earned, even after they leave employment; it would also be legal to not pay employees any commissions, even if previously earned, once employment terminates. It depends on what the agreement or arrangement was. If you were to sue for the money, the court would try to determine the shape of that agreement or arrangement. It would first look to any employment or commission contract/agreement; if there was none, to any handbook, memos, correspondence, emails, etc. which explicated the arrangement; if nothing at all in writing, it would look to past practice--what happened to other commissioned employees when their employment ended? Where they paid? And if there is no past precedent or practice (new company, or you are the first commissioned employee to leave it), a court would look to industry practice in your area--what do like companies do? Whatever is found to best represent the agreement or arrangement under which you worked would typically determine if you were due commissions or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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