Employment Law Questions? Ask an Employment Lawyer.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.
By the terms of the contract, if it is guaranteed in the first year, they yes they owe you the commission.
Now, the issue becomes just how clearly the contract requires the commission. If it is clearly and unequivocal, you can contact the Attorney General to file a wage claim in your state.
A contractual commission is an unpaid wage.
If the agreement is not as clear, however, you'll have to sue in state court to obtain the commission. You can sue, in small claims, for up to $7000, so that may be the most cost effective thing for you to do.
The offer is very clear. However it is an offer of employment and not an employment contract. Does that make a difference?
It is signed by The VP of Sales and myself. Please let me know.
If you took the job based on that offer of employment and the employer made no clear and unequivocal changes to the terms of the employment once you were there, it is still considered a quasi-contractual obligation.
The state may not help with the wage claim, but it is still enough for a small claims case.
Thank you for your response, Just 1 thing that I probably did not make clear. The amount of the commission is over 7k, (20k).
Do I have any options beside small claims?
Yes, you do. You have regular state court. I did not know the amount of the commission and recommended small claims as the cheapest and fastest means of dealing with this issue for smaller amounts.
For $20,000, it would be worth the expense of hiring a local attorney to actually send a demand letter for that amount, potentially avoiding litigation.