Employment Law Questions? Ask an Employment Lawyer.
HelloThis is Samuel. I am sorry to hear of this matter.A verbal contract is a binding contract, though it is harder to prove that such a verbal promise was made.How much in commissions are you owed, please?Have you made the demand for the commission to the company in writing?
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Under Texas Labor Code 61.014 Upon a resignation, all wages, including commissions and bonuses must be paid to the employee on the regularly-scheduled payday following the effective date of resignation.So when you get your final pay if it does not include the promised commission, I suggest you can begin with filing a complaint with the Texas Wage Commission. (###) ###-####As I stated, Commission pay agreements are enforceable whether they are oral or in writing, and agreements can be established with a showing of a pattern or practice of paying commissions in a certain way.
Therefore, if you have been paid commissions before or if it is a common practice or policy that the employer pays these commissions on a verbal promise, you could easily prove it.
Of course, if the TWC cannot assist you, then your recourse is to bring the matter to small claims court in a lawsuit where you can file on your own by getting the forms from the clerk of the court.
I suggest, you should write the employer a letter and make a demand for the Commission and state you are prepared to bring the matter to the Texas Wage Commission and/or file in small claims. That letter should be mailed to employer via certified mail with a Return Receipt Requested.
But you need to wait for your final pay day and see if the commission is included. If not, write the letter - tell them the Texas Labor Code requires it be paid, they failed to include it and at this time you will give them 5 days from receipt of the letter to make full commission payment as promised or you will file with the TWC.
The fact that you have an email where he says "it is not in writing" or whatever it says, should be proof that he knows the promise was made.
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You're welcome and good luck.