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Barrister
Barrister, Lawyer
Category: Employment Law
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Experience:  14 years practicing attorney
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Im an outside salesman and looking to resign in the near future.

Resolved Question:

I'm an outside salesman and looking to resign in the near future. The company and I are located in Alabama. I get paid a salary plus commission when product is invoiced. My employment agreement doesn't state anything on how commission is to be paid once you quit. I have orders that have been placed with commission due. Will I still get paid on those orders that have been placed while i was employed and not invoiced when I resign?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Although there is no specific law in Alabama that states when an employee has to receive their final paycheck or wages, generally it is paid on the same schedual as any other paychecks have been paid.
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If you have performed all the work necessary to receive the commission and you are just waiting on the invoices to be paid, then you are entitled to the commissions on those orders. If there is remaining work to be done, then the employer could claim that the sales weren't finalized so you wouldn't be entitled to the commission.
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If you have done everything necessary to complete the sales, and the employer won't pay you the commission, you can file a wage and hour complaint with the AL Dept of Labor and they can force your employer to pay you any earned wages or commissions.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

What if my only job is to secure that the order was placed..but the product has to be built and is in process. I'm still entitled to the agreed commission even though it hasn't been shipped correct? I was currently employed when the order was placed but resigned before it was shippef and invoiced.


 


Please advise

Expert:  Barrister replied 1 year ago.
Yes, if there is nothing more that you would need to have done in your role as a salesman for the company to earn your commission, then it is earned by you once the order is placed. But typically the employer wouldn't have to pay it until the customer was actually invoiced and paid for it since they could cancel and then you wouldn't receive a commission.
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But assuming that the product was built, shipped, invoiced and paid, you would have earned your commission by completing the solicitation and sales portion of the deal. You are the "procuring cause" of the sale and therefore are entitled to your commission.
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Thanks
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 24590
Experience: 14 years practicing attorney
Barrister and 3 other Employment Law Specialists are ready to help you

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