Can I sue my employer if I wasn’t paid on time and for not giving me commission for the past 9 months?

UPDATED: Aug 24, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue my employer if I wasn’t paid on time and for not giving me commission for the past 9 months?

I am supposed to get paid on the 5th and 20th of every month; it is not the 24th and I still have not been paid and this is not the first time this has happened. Also, when I was hired i was told I would be paid hourly and make commission. I have worked there for 8 years and have never had a problem, then 8 months ago they stopped giving me and my co-workers are commission so it has been almost 9 months we havent received any. Is there anything that I can do?

Asked on August 24, 2012 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a practical matter, there is nothing to do about late payment, other than possibly complain to the state labor department and see if they will help; that is because the cost and time/effort of a lawsuit about being paid late would exceed what you could recover through the suit, since if you are ultimately paid, you could only recover any costs (such as overdraft or late fees) caused by the delay.

An employer may change an employee's compensation at will going forward--from the announcement or notice of the change onward. However, any commissions earned (or other pay earned) prior to receiving notice of the change must be paid. So you may be able to claim for commissions you earned, but were not paid, prior to being told you would not longer receive commissions. You would most likely have to sue to recover this money, if the employer will not voluntarily pay.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption