Your Right to Commission Pay Following Termination


After a worker is terminated or quits a job, they must be paid the final wages they earned in a prompt amount of time. This is required by law, and ensures that employees are fully paid for the time they work. Typically, an employee earns their final paycheck on their last day of work or on the day that they would usually earn a paycheck. Commission workers, however, do not have a regular pay schedule. This can complicate how these employees are paid after they leave a job.

How is Final Payment Determined?

The way that a commission worker’s final paycheck amount is determined, and the timeline for when they will be paid, depends on many different factors. Every company has a different definition of what a commission entails, when a commission is considered finalized, and how commission payments are distributed.

Following termination, you should receive your final commission payments on the same schedule you normally would. The payment amount should be based on the typical commission structure; however, it’s possible that you may not have completed the work to finalize a commission before you left your job. Again, the definition of what commission entails will depend on your company’s policy.

What to Do if You Were Not Fairly Compensated Upon Termination

If you have not received a final paycheck, or if your final paycheck was less than what you earned, you may be entitled to file an employment law claim. Start by contacting your employer and inquiring about the status of your final paycheck. It’s possible that the issue with your paycheck was just a mistake or misunderstanding, rather than an illegal act by your employer. If the conversation with your employer does not alleviate your concerns, it may be time to get started on your case.

You should save all evidence you have of the time you worked and the wages you earned, the issue with your paycheck, and any communication you have had with your employer on the subject. These pieces of evidence will be essential in demonstrating the violation of your rights as a worker.

The legal team of Donati Law, PLLC can represent you in a wage and hour case against your employer. We will ensure you are justly compensated for the time you have worked.

Complete our contact form or call (901) 209-5500 for a free consultation with our lawyers.

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