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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 99506
Experience:  Years of experience in running a medium sized law firm.
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My former employer withheld my last commission check which

Customer Question

My former employer withheld my last commission check which would have been in excess of $1,200...She has done this to other account executives in the past. Do I have any recourse? I do have a signed employment agreement. I did quit, and did not give a full 2 weeks, but the law seems to have been broken. Please advise.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

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.

Customer: replied 2 months ago.
Expert:  Ely replied 2 months ago.

Thank you, ***** ***** is her justification for withholding the last commission (if any)?

Customer: replied 2 months ago.
There has been no communication, other than my written grievance.
Expert:  Ely replied 2 months ago.

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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