Is it legal for a former employer to not pay commissions for the time when I was employed there?

UPDATED: Sep 30, 2022

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Is it legal for a former employer to not pay commissions for the time when I was employed there?

My previous employer is refusing to pay commissions for the final month that I was employed, is this legal or are they obligated to pay? I had a contract an it states in the contract that’s part of my compensation.

Asked on May 10, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They have to pay you *unless* there was a written employment or commission agreement stating that if your employment ended prior to commissions being paid, that in that event, they would not have to pay you. Barring that, they need to pay as per the commission agreement; if they don't, you can sue them for breach of contract to recover the money. If the amount at stake is less than or equal to the limit for small claims court, sue in small claims, as your own attorney or "pro se," to both reduce costs and speed up matters (small claims court is faster than other courts).

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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