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Am I entitled?

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  • Am I entitled?

    After 12 years with my company, they have given me 30 days notice that they are closing the east coast office where I work in an effort to cut costs and stay afloat due to a major downturn in the industry. I originally started with them in the CA location, but moved east to open an office in 1994 to handle all sales in the eastern US & Canada, Europe, Middle East, Africa & South America. The company is headquartered in CA, but the east coast office is in DE. I have been a salaried employee on a yearly basis, with the addition of commissions for sales.

    I have accrued vacation, personal & sick days, as well as back commissions. The commissions stopped being paid back in mid 2003, but were continued to be tracked for when the company was able to pay them again.

    If an employer terminates a non-hourly employee, is it responsible for payment of all the accrued items, as well as back commissions, within a certain period of time?

  • #2
    Commissions

    A company does not need to pay unused vacation, sick, etc., for an employee in most states. As far as commissions are concerned, it sounds that the commissions were dependent upon the company reaching some sort of financial goal and that goal was not met. In that case, and again dependent upon the state in which you live, the commissions do not need to be paid.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      Clarification

      Actually the commissions were paid on all sales each month without the stipulation of the company reaching some sort of financial goal. Does this change anything?

      Comment


      • #4
        Commissions

        Vermont says the following on the payment of commissions:
        Q: I earn wages plus a sales commission. I have received my regular wages but I am owed commissions for two months. How can I collect?
        A: Commissions are considered wage supplements or benefits. The Vermont Wage & Hour Program can investigate and review wage complaints, however, program jurisdiction is limited with regard to such benefits. In the event you have a written agreement clearly establishing your right to wage supplements or commissions, then the program can investigate your claim and pursue it with your employer.

        As far as the payment of sick and vacation benefits are concerned, the state says:
        Q: If I quit or am discharged, will I receive pay for vacation or sick leave?
        A: Your employer does not have to pay you unless he/she had provided you with a written statement agreeing to pay for earned, but unused time. If you feel that you meet the terms and conditions provided in the employer's written statement of benefits, but did not receive payment, you may complete a wage claim form.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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