How to collect a final paycheck?

UPDATED: Oct 1, 2022

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How to collect a final paycheck?

My friend was working for a manufactured home company she was fired after her probation period and was told she wasn’t eligible for the 3 commission she had worked on because they had not gone to closing. 1 did and she was supposed to get $1200. She was fired almost a month ago and has been inquiring about her final check but they have been putting her off. She physically went in to see them 2 days ago and they gave her $500 cash and said that,

Asked on May 14, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Commissions are not paychecks and not covered by the laws covering payment of base wages or salary to employees. Rather, they are governed by contract law--that is, by the terms of the agreement, whether written or oral (unwritten) between employer and employee about the payment of commissions. Your friend must be paid the full amount she should have been paid under the agreement or understanding according to which she worked and earned commissions. If your friend believes she was owed $1,200 under the terms of her commisison agreement and was not paid the correct amount, she could sue her former employer in small claims court (such as on a pro se, or as her own attorney, basis to save money) for the additional amount she believes she is due.

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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