My employer did not pay me a commission…

UPDATED: Oct 1, 2022

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My employer did not pay me a commission…

…because the amount was too large, despite my contract. What can I do?

Asked on January 10, 2018 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have a contract setting forth your commission rate, they must pay the commission as indicated in or by the contract: if they do not, they are violating the contract and could be sued for "breach of contract" to recover the money. There is no legal defense to not paying because "the amount was too large"--that is not grounds to not pay (unless the contract actually says that commissions over a certain size, etc. will not be paid). Of course, if the real problem is that they can't pay is that they do not have the mone to pay, you might not get the money even if you and win: winning in court does not make money appear where there is none.

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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