What is the status of wages owed after employee quits?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is the status of wages owed after employee quits?

I have worked for my employer for the last 8 years. About 2 months ago, new owners purchased the business from the widow of the owner. There are 2 gentlemen. Things went along OK for a while until changes started to occur, none of which were made common knowledge to the employees. I had been working approximately 53 hours a week. This is what was required to keep the store open and profitable. I worked with a co-worker who assumed the job as manager. Then about 5 weeks ago, I was informed that my hours had been reduced to 25 per week. Then, 3 weeks ago, I was informed that I would only be working on Monday and Saturday, approximately 14 hours per week. At that time I made the decision that the new owners had no further need of my services, so I quit. Our pay was structured on hourly plus sales commission for products and service contracts sold. We did receive a partial settlement for the month for that month but nothing for last month. I have paperwork to substantiate that claim. I sent several emails to the partner here in town regarding the balance due on my sales commission. I received a response back last week stating the following,

Asked on October 16, 2018 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the terms under which you worked and earned commissions is that once a commission was earned, you would be paid it even if you no longer worked there when it was paid (i.e. it was not part of the commission agreement, whether oral or written, that you had to be employed when paid to receive it), you are entitled to your full earned but unpaid commissions and may sue them if not paid (e.g. in small claims court, on a "pro se," or as your own attorney, basis to save costs).
Your state does require the payment of accrued but unused vacation when your employment ends, unless there was a clear written policy that it would not be paid out on employment termination. Without such a policy, they owe you the money and you could sue for it, too.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption