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Mass. Unpaid Commission Massachusetts

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  • Mass. Unpaid Commission Massachusetts

    Hello,

    My nephew has a problem. He lives in Mass., is 19 years old and used to work at (deleted). He no long works there and today went to pick up his last Commission pay check. The manager told him to call the owner, because they were told he wpuld not receive his final commission. My Nephew went home and reviewed his contract which states no-where that he would not receive his commssion if terminated. He calle the owner and the owner stated that she was not going to pay him since he no longer worked there. I advised him to contact the State Labor to inquire. Does he have any rights to get paid his commssion?

  • #2
    According to my understanding of MA commission law, that depends. If HE closed the sale, he is entitled to the commission for it. If he opened negotiations, but someone else closed the sale, he is not.
    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.

    Comment


    • #3
      Arguably, the employee has no reason to not file the claim. It might not be decided in the employee's favor, but there is no real cost other then a little time to the employee to file the claim.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I'm not saying otherwise. The poster asked if he was entitled to be paid the commission, not whether he was entitled to file the claim, and that's what I answered.

        I know, I'm being nit-picky...
        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.

        Comment


        • #5
          One more thought to add here to cbg's post. Commissions are often a creature of contract, past pratice and understanding. The test is whether they are "definitely determined and has become due and payable" ... which means that you have to look at the terms of his agreement. For example, "originators" often get paid on sales they didn't personally close, because their only job is origination. In those cases, someone else completes the close and everyone gets paid later.

          You must look to whether the employee performed his taks so that the commisison is "definitely determined and has become due and payable." If it is, then you've got a wage claim.

          If it isn't then you may have other claims, like unjust enrichment, etc. But, that's what you need for a wage claim.
          This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

          This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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          • #6
            Originally posted by cbg View Post
            I'm not saying otherwise. The poster asked if he was entitled to be paid the commission, not whether he was entitled to file the claim, and that's what I answered.

            I know, I'm being nit-picky...
            I had a former boss whose pet peeve was people who failed to clearly spell out action items. He tolerated (barely) explanations, but felt that a clear "bottom line" was required for all answers. I thought that was overkill when one was in a meeting and could see who did (and didn't) understand what was being said, but those sort of visual cues are absent on the internet.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              I'm just playin' with you, DAW. You were absolutely correct.
              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.

              Comment

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