Employment Law Questions? Ask an Employment Lawyer.
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What is her justification for withholding the last commission (if any)?
Does your signed employee agreement stipulate the commission?
This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Thank you, ***** ***** is her justification for withholding the last commission (if any)?
Thank you. In Massachusetts, a commission is considered earned wage if it was due and payable at the time that the employee terminated. The key is, the commission needs to have been "earned" under whatever agreement the employer and employee has at the time. Okerman v. VA Software Corp., 69 Mass. App. Ct. 771 (2007). For more, see HERE.
If you believe this was the case, someone in your situation can file a wage complaint with the state HERE. The state can have an administrative hearing and determine if she still owes you that money per the above and if she does, she would have to pay it. It is that simple.
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