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unpaid commissions/ shared copemsatio New York

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  • unpaid commissions/ shared copemsatio New York

    For the past 7 years I have worked part time for a small furniture company in upstate NY. Recently I was told that they were no longer going to be using part time employment. I was the only part time salesperson. I was told the end of the month I would be through. I asked to work an extra month to give me more time to find another part time job. They agreed.My compensation was an hourly wage plus a shared commission program with the full time sales staff. For example, if the store earned $11,000 in commission we divided it by 5.5 and the full time associates earned $2000 and I earned $1000. We also divided a regular spiff payment from a vendor in the same manner. Our company would inform the vendor how much should be paid to each employee and the vendor sent the check directly to our homes.I left on good terms on the new date agreed. I was not paid my commission payment for my final month because "they let me stay and they didn't have to pay me commission because I was part time". My separation date on my paperwork is the mutually agreed later date.My questions...What is NYS law concerning payment of commissions? Could I sue in small claims court for the amount due?

    Any advice would be great. Thanks

  • #2
    As a friend of mine says, this is going to be a soft answer, since I am not sure whether the commission agreement is worded in such a manner as to constitute a legally enforceable contract, but as to wage and hour laws, as long as you are paid at least minimum wage, the company is probably not be in violation of wage and hour law.
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