New Jersey commission law

[tred]

if I work for commissions only, and I am owed $26,000 and have not been paid yet because the jobs have not been done, and I leave my job voluntarily, am I still entittled to the commission money that is owed to me? I live in New Jersey.

[LConnell]

New Jersey definies wages as,

"(d) “Wages” means any moneys due an employee from an employer for services rendered or made available by the employee to the employer as a result of their employment relationship including commissions, bonus and piecework compensation and including any gratuities received by an employee for services rendered for an employer or a customer of an employer and the fair value of any food or lodgings supplied by an employer to an employee. The commissioner may, by regulation, establish the average value of gratuities received by an employee in any occupation and the fair value of food and lodging provided to employees in any occupation which average values shall be acceptable for the purposes of determining compliance with this act in the absence of evidence of the actual value of such items. "

With the understanding that NJ requires payment of earned commissions, the quesiton is whether you have earned the commissions, especially since the work was not completed. For that answer, you need to look at the commission plan designed by your employer. Most commission plans will address the issue of when a commission is earned, such as when the jbo is completed, etc. I have never seen a commission paid on a partial job completed but there is always the first.

[tred]

If I work for commissions only, and I am owed $26,000 and have not been paid yet because the jobs have not been done, and I am terminated, am I still entitled to the commissions that is owed to me, when these jobs are completed, even though those jobs have not been completed when I was terminated.

[LConnell]

As I said above, the answer has to come from your employer. Your question is not addressed in labor law. The only thing that labor law does address is that IF THE COMMISSIONS WERE EARNED, they must be paid to you. THe only entity who can say whether they are earned or not is your employer.