I am a mortgage loan officer involved in a dispute with my former employer over unpaid commissions. I voluntarily left my previous company 3 business days (5 calendar days) before my final loan closed. I had originated the loan and did most of the work to get the difficult loan to close (not sure this matters). I then took a position with another mortgage company that competes in roughly the same market. I e-mailed my previous employer to learn when I would be paid commission due from my final loan and was told by the company's counsel that I would not be paid because I had signed an employment contract that says I "surrender my pipeline" upon resignation or termination. I have contested this interpretation of the contract (not sure if this distinction matters, but the final loan was cleared to close when I gave my notice). In a phone call, when the company counsel learned how close the loan was to closing and how much work I had contributed, acknowledged that he believed I should be paid my commission. Since then, the company has not responded to my periodic e-mails seeking resolution. Do I have a chance of getting paid that commission?

The last time I worked with employees who were paid in full or in part via commission was in 1999-2000. So I won't guarantee that the law hasn't changed since then.

However, the last time I talked to the Massachusetts state AG's office about payment of commissions for employees who had resigned/been terminated, they told me that I owed my employees commission for any sales they had CLOSED. If someone else closed the sale, regardless of who originated it or how much work they had put into it, under the law I did not owe them any commission for that sale.

All that being said, if the company counsel is supporting you, I certainly can't write off the *possibilty* that the company will ultimately agree to pay it. Naturally I can't give you any kind of guarantee.

when the company counsel learned how close the loan was to closing and how much work I had contributed, acknowledged that he believed I should be paid my commission.

And at just what point in the process can a mortgage rep leave the company and still get the commission? After fielding a call from a prospective client?

There needs to be an easily identifiable point at which someone has earned a commission. Closing on a loan is a logical one. Upon receipt of payment from a customer and NOT the close is better for some other types of sales.

Thank you, CBG, for your reply. Must admit my heart sank a little reading that the payment is linked to closing of the sale. However, in the mortgage world, after a loan is originated and cleared-to-close, there really is no more work for the loan officer to do. Technically, the loan in question did not close until after I had given my notice, so I'm still a little hopeful. Despite the company counsel's supportive comment several weeks ago, he has not been responsive since then and there are (unverified) rumors that the company has ended its relationship with the attorney.

If I called the AG's office, would they be able to advise me, or do they simply receive and process claims/complaints?

They're the ones who gave me the information. I don't know why they wouldn't give it to you.

in the mortgage world, after a loan is originated and cleared-to-close, there really is no more work for the loan officer to do. Technically, the loan in question did not close until after I had given my notice

If it was always the case that the cleared-to-close resulted in the company being paid, you would have a case. I suspect that is not the case.