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Employer Refused to Pay Commissions upon Termination Oregon

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  • Employer Refused to Pay Commissions upon Termination Oregon

    My questions are about what is legal having to do with employment law in Oregon. I am considering taking my previous employer to small claims court and would like to know if I have a case and what laws pertain to my situation.
    I was recently terminated from a sales position paying salary and commissions. I had a written commission agreement that said I would be paid a $$ commission for all deposits solicited by me from prospective residents who made the commitment to move to (unnamed Senior Community) and become a resident. The Agreement was signed by the Executive Director of the community. Standard procedure was that I would turn in a Reservation Application with a prospects deposit check attached, and when I turned in a Request for Commissions with the check, the check would be deposited and the commission paid in about a week. The procedure was not a part of my Commission Agreement.

    The Executive Director was then terminated; the new ED decided that "deposit checks " were no longer required nor were the Reservation Applications that we used to track commissions. The new ED was trying to avoid a landlord /tenant relationship and specific responsibilities that this brought (his stated reason); the Reservation Application contained words such as rent, deposit, etc., that he felt affected the company's legal position. We did not discuss how not having deposits or the lack of this form would affect my commissions. After this decision the standard commission was indeed paid to me on a prospect that did not give a deposit check, did not sign a Reservation Application, and had not moved in yet. Commission was also paid for a prospect that gave a check but it went toward the first month rent, and the prospect had not moved in yet. I assumed this was setting a precedent for how commissions would continued to be paid with the new directives from the new ED.

    Then I was terminated. The company would only pay only 7 of 21 commissions requested; reasons given were: missing checks, checks going toward rent, or unsigned Reservation Applications. Yet they had paid my commissions without these in the past. They also refused to pay commissions on people that wanted their deposits back long after I was terminated. I believe that I have good documentation for each requested commission. I believe that if I had a signed check and Reservation form on the date of my Termination the commission is still due--even if they took their depsoits back after I was gone. Can they refuse to pay commissions when my prospects took their checks back after my termination date? Does anyone know what Oregon Law is governing this?

  • #2
    It's not a wage and hour issue as long as you got at least minimum wage for all hours worked and overtime pay if required. It's really a contract issue and I am not that familiar with contract law in your state. Sorry.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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