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Can you provide me a bit more information? Do you have a written contract with your employer or anything in writing concerning commissions? Is there any past course of conduct? Has this new client signed a contract for the project? Thanks.
Thanks for your quick response. Does your employment contract provide any language as to when a commission is earned?
Thank you. You absolutely do have a basis to contest this. This is basically how commission work: 1) A commission will be considered “earned” at the time specified in the written employment agreement. 2) If the agreement is silent on the issue, a commission is considered to be earned in accordance with the past dealings between the employer and commission salesperson. 3) If there are no such past dealings, then a commission is considered earned when the commission salesperson produces a person ready, willing, and able to enter into a contract upon the employer’s terms. In your situation, it simply says the the commission "calculations" will be provided following the execution of an agreement. It doesn't specifically say that the agreement has to be signed to be earned. You clearly have produced a company/person ready, willing and able to enter into an acceptable contract. The employer is not now going to be able to circumvent paying you by terminating you before the actual contract is signed. If he doesn't recognize this, you want to not only file suit against him, but also file suit with the Rhode Island Labor Commission.
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