What can I do if commissions have not been paid for the last 3 months?

UPDATED: Sep 30, 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: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if commissions have not been paid for the last 3 months?

I am a sales representative with a base salary of $11.50 and a 5 commissions. Commissions are paid every 15th of each month and are paid only when client has paid. I have been working for my company for 2 years now, and suddenly 3 months ago we did not get paid commissions (and have not since). They tell us that there is no money or not right now. I have a report of what they owe me and it is over $2000. What can I do? Who do I speak to? Is there any agency where I can look for help?

Asked on February 16, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If commissions are not paid, your recourse is to sue your employer for the money. For the amount you describe, suing in small claims court on a "pro se" basis (as your own attorney) to save on legal fees is a good option. Not having money is not a legal defense to the obligation to pay (even if you say you have no money, the law says you should pay all your obligations)--though as a practical matter, if the company is so short of money as to be insolvent (not have enough to pay its debts and obligations), then even if you win, you may be unable to collect: a judgment in your favor cannot make money appear if 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 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