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Unpaid Commission & Vacation Days Illinois

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  • Unpaid Commission & Vacation Days Illinois

    I recently put my 2 weeks in at a job in which I was paid an annual salary/draw and annual commission check bases on sales. The previous year I was paid my salary/draw and then also my commission check at the end of the fiscal year. Our fiscal year is now 6 months over and my boss is refusing to pay me my pro-rated commission check for the sales that I have already made. I also have 5 vacation days that he is not willing to pay me for.

    There never was a signed contract stating the above structure but based on past years payments, do I have a right to get my pro-rated commission check?

    My former boss is saying that since the commission is based on a year of sales, I am not entitled to the pro-rated commission.

    Anyone have any help for me?

  • #2
    Illinois requires commissions that were earned (due) at the time of termination must be paid within 13 days of termination. Commissions that become due after termination must be paid within 13 days of the date such commissions become due & payable.

    Unless otherwise provided in a collective bargaining agreement, whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the monetary equivalent of all earned vacation shall be paid to him or her as part of his or her final compensation at his or her final rate of pay and no employment contract or employment policy shall provide for forfeiture of earned vacation time upon separation.

    If you are owed wages due, file a claim with the Il. DOL or you can sue in small claims court if the amt. qualifies. You can sue for up to $10,000 in small claims court in Il. Beyond that you would have to sue in a higher court with a lawyer.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Thank you Betty.

      Comment


      • #4
        Sure - you're wekcome.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment

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