Employment Law Questions? Ask an Employment Lawyer.
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:
The employee was working in MA before he resigned? The question is whether the employee is entitled to receive commissions that accrue after the employment relationship is severed?
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Yes, that is correct
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Thank you for this information. It is reassuring - somewhat (I happen to be the plaintiff in this matter - if that is the correct term for a case brought in small claims court).
I'm fully aware that Massachusetts is an employee-friendly state in many ways, and am as familiar as any non-attorney can be with certain aspects of the Massachusetts Wage Act. My concern - and the reason I am writing - is that the employer is a Delaware corporation, and my expectation (based on what my attorney implied) is that the judge will rule based on Delaware wage law, which may not be as employee-friendly as Massachusetts, and Delaware case history. While the Morse Barnes article states that "The majority of other states that have wage payment laws provide that commissions are deemed to be “wages,” and even goes on to provide two examples of cases in the "minority of states...[that have] laws [that] provide that commissions may be forfeited under certain circumstances," it does not specifically mention Delaware's wage laws on commissions.
It would be reassuring to be able to walk into court with an example of a Delaware case that supports your assertion that "there is typically grounds for an employee to argue that their commissions continue to be earned according to the contract or policy set out by the employer." That is, ideally, what I am looking for, as well as your best determination (I won't hold you to it, of course) on how a judge would likely rule if indeed it is Delaware and not Massachusetts to which he or she looks.
That's what I had originally suspected.
My attorney is actually quite experienced in employment law (she helped me get a sizable settlement in a previous case), so it's disconcerting (not for this specific case, of course) that she would have suggested that Delaware law would matter.
Anyway, I think I have all that I need, and I thank you for your advice. Well worth it, and I will give you a top rating.
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