dodgers
11-28-2007, 09:18 PM
For the past 7 years I have worked part time for a small furniture company in upstate NY. Recently I was told that they were no longer going to be using part time employment. I was the only part time salesperson. I was told the end of the month I would be through. I asked to work an extra month to give me more time to find another part time job. They agreed.
My compensation was an hourly wage plus a shared commission program with the full time sales staff. For example, if the store earned $11,000 in commission we divided it by 5.5 and the full time associates earned $2000 and I earned $1000. We also divided a regular spiff payment from a vendor in the same manner. Our company would inform the vendor how much should be paid to each employee and the vendor sent the check directly to our homes.
I left on good terms on the new date agreed. I was not paid my commission payment for my final month because "they let me stay and they didn't have to pay me commission because I was part time". My separation date on my paperwork is the mutually agreed later date.
My questions...What is NYS law concerning payment of commissions? Could I sue in small claims court for the amount due?
Any advice would be great. Thanks
My compensation was an hourly wage plus a shared commission program with the full time sales staff. For example, if the store earned $11,000 in commission we divided it by 5.5 and the full time associates earned $2000 and I earned $1000. We also divided a regular spiff payment from a vendor in the same manner. Our company would inform the vendor how much should be paid to each employee and the vendor sent the check directly to our homes.
I left on good terms on the new date agreed. I was not paid my commission payment for my final month because "they let me stay and they didn't have to pay me commission because I was part time". My separation date on my paperwork is the mutually agreed later date.
My questions...What is NYS law concerning payment of commissions? Could I sue in small claims court for the amount due?
Any advice would be great. Thanks
