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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102192
Experience:  Years of experience in running a medium sized law firm.
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If my husband quits s job- he is paid salary plus commission

Customer Question

If my husband quits his job- he is paid salary plus commission and his quarterly commission is due to be paid out - he will be putting on a. 2 week noticed- does the employer have to pay him that 2nd quarters commission Minnesota
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year 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.

This depends. Did he sign a contract when he began this work? If so, does he have a copy and can you attach it to your reply?

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 1 year ago.
No formal contract
Expert:  Ely replied 1 year ago.
Thank you.
He should receive the commission if he's earned it, even if he ends the employment prior to the commission normally being paid out.
However, the employer can try to claim that the commission was never agreed upon, and thus, does not have to be paid, and that it was basically being paid as a bonus.
If so, the ex-employee can go to court, but then this will be extra time and effort.
To avoid this type of situation, someone in your husband's situation may wish to wait until the commission is paid before putting in the two weeks notice, just in case.
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