I recently quit a commission based recruiting position, where several of my candidates are still pending. Before I left, I typically collected commissions on the first paycheck of the month following the 90-day period, but not always. Nevertheless, that was the verbal understanding in the office. I'm not sure if it is written anywhere, and it's definitely NOT in my offer letter. My offer letter does not specify when commission is to be paid other than after the
90-day period, "A 'successful' placement s defined as staying past the 90-day guarantee period." The office manager recently replied, "As you know commissions are paid the 1st of the month following the 90-day period." (On a side note, another employee has a different time period before hers are deamed "successful" - 30 days.) QUESTION: When are the commissions due?

Also, my former employer said that I didn't fully earn one of the candidates myself, eventhough I have a copy of the office manager's file that says otherwise, with the amount and date to be paid.

And most importantly, if there is no statement in my offer letter regarding commissions after termination, does the law assume payment of the commissions as normal, even if the deal isn't complete? The office manager replied "Regarding those that were pending when you left, you gave no notice. Since they were not placements prior to your resignation, they are not eligible for commission. Please verify the above and also provide an address so they can be paid." Again, my offer letter, does not mention anything about loss of commissions when leaving. (In fact, another employee who transfered to the sister company still collects on commissions she earned.) The small section in my offer letter about compensation reads, "$400 commission for every successful placement made by the corporation, resulting from your efforts to source candidates on the phone. (A 'successful' placement s defined as staying past the 90-day guarantee period.)" Does the law protect me in this case? Should I reply back with the list of commissions I expect?

I heard if you file with the TWC before wages are actually due, you won't receive any help at all? Does this mean I'll need to file a new claim each month, when the next month of commissions are due and late or incorrect. OR, should I consider going to small claims court? I understand you can be awarded triple the amount due if the employer is found guilty of trying to cheat you. Or, should I file with both, or does one cancel out the other?

THANK YOU!

from the nearly identical question you posted in this forum on 9/21? The provisions of the TAC are the same now. The wage claim process of the Texas Workforce Commission hasn't changed. Odds are, your commission agreement is the same. The answer to your question is the same.

I was hoping to find clarification regarding the timeframe to pay. My offer letter doesn't mention anything about "the month following the 90-day period", but that was the precedent set when I worked there. I don't want to file a claim with the TWC before the wages are actually due.

My other question regards civil suit: Should I wait until after the TWC claim is settled to file a civil claim? Is a judge able to award triple the amount originally due?

Thanks for the help.

Your commission agreement determines the time after which commissions are "earned" that they are paid. It's likely you'll have to reach an understanding with your employer about precisely when this is, or have it adjudicated by a TWC claims investigator or a judge.

Nothing prohibits you from filing a suit, or a claim. Neither can be pursued, however, until the law has been violated (in your opinion), since both a lawsuit and a wage claim are based on the law, not what you suspect, or fear may happen. It's your choice.

Most employers would argue that a claim, once paid, or dismissed, means that a suit for wages would be baseless. Most courts would agree. A civil suit "may" result in an order for additional payment. If you could show damages as a result of the non-payment, it could, conceivably, be treble damages.

There is no answer to your questions, with any guarantee, available on an amateur labor law question and answer board. "You buys your ticket, you takes your chances".