I have a clear contract that states the commissions I will be paid for sales. There is nothing written regarding commissions being paid after termination of employment. However, there is an established policy that once employment is terminated, the employee is immediately paid all commission, earned and unearned.

In my case, I was presented with a list of sales of which I would be paid full commisions. The problem is that the list is not complete.

To add to this, the prior week a new policy was adopted which changed which sales commissions would be paid on. This new policy would effectively decrease my pay 50%, so I resigned. There is no verbiage which states the new policy is retroactive to existing sales and this question was asked and answered that the policy would not be retroactive.

The list of sales presented reflects the new policy. Since, the new policy was not in effect when those sales were made and it is an established policy to pay all commissions, earned and unearned, upon employment termination, am I entitled to comissions for all sales that were made prior to the new policy?

If the company refuses to pay, what is my legal recourse?

Since this situation is not specifically addressed in Oklahoma law, and you have what appears may be an enforceable contract, what you may have is a breach of contract. However, you would have to contact a local attorney versed in contract law for advice; we cannot comment on the legality of a document we have not read, and contract law is very detail- and state-specific.

I got paid! Most of it anyway.

I wrote the CEO, COO & CFO explaining that I had made inquiries regarding my final pay and never received a response nor acknowlegement that my inquiry had been received. They know me personally since I was the top sales person. I kept the tone of my letter sincere, totally innocent, stating that I simply didn't understand why I was not getting paid; could someone please offer an explanation. I stressed that I enjoyed my time with them and they are a fine company.

Of course, these legal minds knew it was "breach of contract". I was told I would receive a response by the end of the day. I did. They are paying me approximately 75% of what I am owed. I am not fighting that. If I were to secure an attorney, I would have to share anyway. I'm moving on.

I thank you for your help.

I'm glad it worked out for you. Just consider that an attorney probably would have charged you at least a third. :rolleyes: