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Sales Commission payout Illinois

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  • Sales Commission payout Illinois

    I have two questions: I believe my company owes me commission according to the commission plan for 2008 that I have in writing. I don't think they ever expected to pay out as much as they owe me, and therefore are avoiding my requests to meet. Since the year is over, is there any chance they can not pay me based on a change made to the commission structure after the year is complete?

    Second question: For 2009, I am no longer on a commission plan. The 2008 plan stated that I get paid 50% of commission when the customer is invoiced, and 50% upon receipt of payment. There were invoices sent out earlier this year that should have been paid by 12/31, however we received payment today (1/15/09). Can I collect the commission because I closed the deal in 2008, and sent the invoice, even though it's paid in 2009?

    Thanks

  • #2
    Originally posted by eg1967 View Post
    I have two questions: I believe my company owes me commission according to the commission plan for 2008 that I have in writing. I don't think they ever expected to pay out as much as they owe me, and therefore are avoiding my requests to meet. Since the year is over, is there any chance they can not pay me based on a change made to the commission structure after the year is complete?

    Second question: For 2009, I am no longer on a commission plan. The 2008 plan stated that I get paid 50% of commission when the customer is invoiced, and 50% upon receipt of payment. There were invoices sent out earlier this year that should have been paid by 12/31, however we received payment today (1/15/09). Can I collect the commission because I closed the deal in 2008, and sent the invoice, even though it's paid in 2009?

    Thanks
    These are not employment questions, per se. Rather, they are contract questions and the answer will depend on the exact wording.

    In general, though, if you had a contract for 2008, they have to pay everything you earned in 2008, even if they changed the rules in 2009.

    If the contract says you receive half on invoicing and half on receipt of payment, you should receive your half - even if it occurs after the end of the year UNLESS THE CONTRACT SAYS OTHERWISE.

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    • #3
      Thanks for the response. My "contract" is an excel spreadsheet that was emailed to me with very little verbiage. Just trying to do a little homework and preparation for the meeting when I ask for the outstanding commission.

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      • #4
        I had a similar situation several years ago and I called the IL DOL. They informed me that earned bonuses/commissions (as defined by the agreement) must be paid even if the individual is no longer employed at the normal time of payment. Therefore, I think a wage claim might work if the stated time for payment has passed (or when it does).
        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
          Agree with Patty - I have the same info.
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