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I'm a commisiomed Sales Rep. My company has several

Customer Question
different compensation & commission plans...
I'm a commisiomed Sales Rep. My company has several different compensation & commission plans depending on what Department your in within the company. Currently I get paid commissions after our customer have paid there invoice in full. I'm being told that after six months that the company will not pay commissions that are actually paid after six months from the invoice date. Is that legal? I believe that they should pay me regardless of when the invoice is actually paid.
Submitted: 1 year ago.Category: Employment Law
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Answered in 6 minutes by:
7/12/2016
Employment Lawyer: Delta-Lawyer, Lawyer replied 1 year ago
Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3,546
Experience: In-House Counsel & Litigator
Verified

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of employment law experience. It is a pleasure to assist you today.

Unfortunately, this is legal as long as the employer informs the sales rep of this arrangement at the time their commission structure is set in place. Many times, this type of arrangement, as you can imagine, is in the fine print on the commission contract.

That said, as amazing as it is, this is a legal practice as long as the employer can articulate that this is their policy and that the employee was informed that this was the policy (this can be through the contract or by reference to the employee handbook).

I wish I had better news for you under the circumstances.

Let me know if you have any other questions or concerns. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response from the site.

Thank you and Best Wishes!

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Customer reply replied 1 year ago
We have nothing in writing. No contract, just verbally what they have said.
Customer reply replied 1 year ago
Also, no written commission structure plan is in place.
Employment Lawyer: Delta-Lawyer, Lawyer replied 1 year ago

With that being the case, make sure you look through the company literature as well (employment handbook and policy and procedure manual). If there is nothing in that documentation, and you were told this arrangement after you had started work seeking commissions, then you have a very good argument that the commissions are legally yours at the point they are available...whether or not that is 6 months out.

That is good news for you!

Let me know if you have any other questions. Please also rate my answer positively. Thanks!

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Employment Lawyer: Delta-Lawyer, Lawyer replied 1 year ago

Did you have any other questions or concerns?

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Employment Lawyer: Delta-Lawyer, Lawyer replied 1 year ago

Just checking to see if you have any other questions or comments. I want to make sure you are as comfortable as possible moving forward. Thank you.

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Delta-Lawyer
Delta-Lawyer
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Category: Employment Law
Satisfied Customers: 3,546
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