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Wages for commissioned salespeople Illinois

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  • Wages for commissioned salespeople Illinois

    I have worked in the Automobile industry for a number of years, I was just teminated from my place of employment for what the owner termed "a lack of enthusiasm in answering a sales call" now the week prior i worked over 46 hours but the store was slow and we didn't sell anything for the week which should have been covered by a guaranteed Draw or Minimum wage. The problem is this I was let go on a Tuesday and on the next Friday and for the past 3 weeks I have received no checks and each time i go there I get a excuse that a mistake was made and no check was cut. I do also have commissions coming that were not paid to me yet. I contacted the Illinois Labor board who sent the owner a packet and he has told my former supervisor" Now I'm not Paying Him", I have a unenemployment hearing coming up this Tuesday and he has threatened to sink that too.I'm not sure what to do next, any advise would be appreciated. Thanks.

  • #2
    Your employer is not required to pay you commission. You can file a civil suit to try and make them pay your commission, but unless you have concrete proof that the employer had previously agreed to pay you are pretty much out of luck. As far as the employer being able to withhold your paycheck, absolutely not. In fact, in many states they are subject to fines and interest for each day they continue not to pay you. Again, you may have to file a claim for unpaid wages with the DOL or take the matter to small claims court.

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    • #3
      The payment of commissions is often outlined in your commissions documents. Most likely these were reviewed with you at time of hire. If you still have them, it wouldn't be a bad idea to review them again.

      Generally speaking "earned" commissions are considered wages; however it's the definition of "earned" that could determine if commissions are paid or not. Your commissions document should outline when a commission is "earned". If you have "earned" commissions that you have not received payment on, then you could include those amounts in your unpaid wage claim.

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