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Allen M., Esq.
Allen M., Esq., Employment Lawyer
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Experience:  Employment/Labor Law Litigation
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I work in MA as a sales rep for a company based in Chicago.

Resolved Question:

I work in MA as a sales rep for a company based in Chicago. In my employment agreement the company guaranteed me a commission. "In the agreement it is worded that the commission is guarantee in the first year" It does not say after the first year. The company has terminated my employment after 11 months. Do they own me the guaranteed commission.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

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.

 

http://www.mass.gov/ago/doing-business-in-massachusetts/labor-laws-and-public-construction/file-a-wage-complaint.html

 

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.

Customer: replied 1 year ago.

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.


 


Thanks,


Manny Mulas

Expert:  Allen M., Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.

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?


 


Thank You,


Manny Mulas

Expert:  Allen M., Esq. replied 1 year ago.

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.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15959
Experience: Employment/Labor Law Litigation
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Allen M., Esq.
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Employment/Labor Law Litigation