abelke
08-11-2006, 06:18 PM
I have worked for a jewelry company for 8 months, I recently got another job with the government. I put my two weeks notice in, and even though it would be very tough on my, was prepared to work both jobs for two weeks. My employer, who is the owner of the store, said not to worry about it. He pays commision on the first payday of each month. I went today to pick up the commision check(he has already paid me for any hourly owed.), he informed me that he does not pay commision after an employee quits, even though the commision was earned while I was employed there. CAn he do this?
rainasky
08-11-2006, 06:42 PM
The Fair Labor Standards Act does not require the payment of bonuses, so employees cannot enforce their right to receive a commission by going to the federal agency that enforces the FLSA or going to court under the FLSA. However, that does not mean you are completely out of luck if you did not receive the bonus that you were promised, as you may have a contractual right to receive the bonuses that you earned.
First, you must be certain that you had a clear agreement with your employer about the bonus pay. If you did, you should draft a letter to your employer notifying him that you are not receiving your promised bonuses. If that does not resolve the case, you can seek the bonuses in small claims court if the amount is relatively low. Small claims court generally does not require an attorney and the filing fees are low. If the amount is large and your state small claims court will permit, you should seek an attorney.
cyjeff
08-11-2006, 06:43 PM
Also, did the amount paid for the hours work amount to more than the minimum wage?
abelke
08-12-2006, 04:14 AM
yes, I was paid more than minimum wage. So if Iwant my money, I have to try to get in court?