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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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