pay check problems

[woodchuck]

hi i am a new member . i have scaned this site and it looks great. i am from and work in new york state . i have just given my 2 week notice when this all happened.

i just left my old job and the old boss wants to keep my comision check . i went in yesterday and gave my 2 week notice as a nice person and as he has always said to do to keep your comision when you leave. well he was pe od when i gave this to him . he said whell if thats the way you want it then today will be your last day hear . so i said what about my comision check. he said no i am not paying it to you.

he had said on more then 2-3 times if we the employs give a 2 week notice we can still keep the comision check. so i got out the hand book and it said if TERMINATED you forfit all comision and vacation or sick pay. whell the company press said this was basicly for sales people not for use mechanics . got me stumped on this one as i quit with a 2 week notice not fired or terminated. and he said after the notice it would be my last day. :

i have also heard that i might just be owed the 2 weeks standerd pay that would have been mine if i stayed the 2 weeks of the 2 week notice even tho he said it will be my last day .

any help would be great thanks to all who look at this and have a great day .

[Pattymd]

Terminated means any separation from employment. There is voluntary termination, where you quit, and involuntary termination, where the employer fires you (or lays you off). Without that distinction in the commission agreement, it is unlikely you would have any legal recourse to recover the commission.

In addition, it is not true that the employer must pay out your notice if they decide to accept your resignation immediately. You may be able to file for unemployment benefits, however. Start here and follow the links:
http://www.labor.state.ny.us/ui/ui_index.shtm

Sounds like you're better off leaving there.