Commissions in Cleveland and New York City: Wage and Hour Lawyer Weighs In
Many salespersons are paid a significant percentage of their compensation in commissions. A commission is compensation based on a percentage of the salesperson’s orders or sales.
A commissioned salesperson’s agreed terms of employment must be in writing and signed by both the employer and the commissioned salesperson.
This employment agreement must include:
- A description of how wages, salary, drawing accounts, commissions, and all other monies earned and payable shall be computed
- The frequency of payment
- The frequency of reconciliation (if the agreement provides for a recoverable draw)
- Details pertinent to payment of wages, salary, drawing account, commissions, and all other monies earned and payable when the employment relationship ceases
If the terms of employment are not reduced to writing, then the words of the salesperson are presumed to be true, absent compelling evidence to the contrary by the employer.
When there is a written agreement, courts enforce the express language of the agreement, so it is important to understand what you are signing. While you may feel you are owed commission on a particular sale, it is possible your commission has not yet been "earned" under your agreement. If you are unclear about any of the provisions of your agreement or are unsure whether you have been properly paid, the experienced commission attorneys at Granovsky & Sundaresh PLLC can review your commission for a flat fee.
Failure to Pay Commissions is Against the Law
If your employer fails to pay your commission, you may be able to bring causes of action against your employer for failure to pay wages, breach of contract, quantum meruit. A prevailing plaintiff may be entitled to up to double damages, plus attorneys fees, costs, and interest for an employer’s failure to pay commissions.
We Can Help
Granovsky & Sundaresh assists employees fighting to recover unpaid commissions, including employees working in:
- Financial services, banking, and investing
- Computer and IT services
- Call center employees
- Auto sales
- Insurance sales
- Medical and Pharmaceutical sales
What Do I Do Next?
If you believe your employer has failed to pay you your full wages, you may have an opportunity to reclaim your money and more. Granovsky & Sundaresh has been laser-focused on employment law since 2010 and our attorneys have extensive experience with unpaid wage laws. We are well-versed in wage laws and can accurately analyze your case for free.
We are well known throughout the country for our:
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Over 50-years of combined employment law experience
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Total focus on employment law
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Super Lawyers® on staff
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Free and confidential case evaluations