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Final Paycheck.......Fired?? Utah

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  • Final Paycheck.......Fired?? Utah

    I was just recently fired from a commission sales job. How long does my previous employer have to send me my final paycheck??? They say they have to wait for any commission chargebacks they may receive from services I sold? Is this true and can they do this???

  • #2
    Looking at the wage claim sheet one, commission is included, but I have yet to see when you can file for unpaid commission. For hourly wages at least, it is due within 24 hours if you were fired, and due on the next payday if you quit. Sorry I can not offer any more information. This is all it says on commission, but nothing else that I have found yet.Q: How soon must an employer pay wages to an employee after terminating the employment of an employee? How soon if an employee resigns?
    A: If the employee is separated by the employer, all wages are due immediately and payable within 24 hours of separation. If the employee does not have a written contract for a definite period and resigns, the wages become due and payable on the next regular payday. These provisions may not apply to the earnings of a sales agent earning commissions


    Here is the links
    http://www.nolo.com/article.cfm/obje...1/259/188/ART/


    http://laborcommission.utah.gov/FAQ.htm

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    • #3
      Payment of commissions can be murky; it's not a black or white answer. The law for hourly wages does not apply here.

      What does your commission agreement say.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        My experience is that, even in states that have a time frame for the final paycheck, if commissions cannot be determined at that time, the DOL is not going to enforce the final pay deadline for them.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thanks for the help

          Thanks for all your help...In this case I make commission so I guess that I will have to wait until the final paycheck comes. Another thing the company does is withhold some commission for 6 months which is considered a chargeback period. Is this legal to do? They say that I am responsible for any sales that return that I was paid a commission on for those 6 months. Please help me with this! Thanks

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          • #6
            I am not experienced in commission sales, but I would imagine if it is in a contract that you have to pay it back, then you do, if not, I don't really know if they can deduct it from your pay? I hope someone comes around that does know, this question has me curious also!

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            • #7
              If I understand you correctly, the part of the commissions are delayed by 6 months and any returned items are not credited toward the commissions earned. If that is the case, then it is probably legal/ 6 months seems like a long time to wait to see if the item is returned but it is far from unusual for companies to not pay commission on returned items.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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