My employer is going to withhold my commissions and paycheck due to my terminating my contract?

UPDATED: Aug 4, 2016

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My employer is going to withhold my commissions and paycheck due to my terminating my contract?

I was an at will employee and was never presented with provisions stating that if I quit I won’t be paid my commissions. Do I have any legal standing?

Asked on August 4, 2016 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you may have legal standing. Employees must be paid for all work done up to the moment employment terminated, so you must get your last base pay check. Furthermore, typically, you must be paid for all sales you made *unless* you were made aware in advance that you had to be employed at the time commissions were paid in order to receive them (if you were aware, then by continuing to work with knoweldge of that policy, you would be said to have agreed to it). Without a pre-existing and known-to-you policy of not paying  commissions after employment terminating, most courts would hold that you still need to be paid for commissions earned pre-termination. Based on what you write, you appear to have grounds to sue for this money; depending on the amount at stake, suing in small claims court, as your own attorney, may be a good option.

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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