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Unpaid Commission in IL

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  • Unpaid Commission in IL

    I work for a new home builder in Illinois and am paid 100% commission. I have found a new company and, in accordance with my current company's policy, provided them yesterday with a 14 day notice, which I intend to work out, and included my 5 earned vacation days for a total of 19 days. I currently have about $12,000 worth of commission which I would be due over that period, assuming the houses close as scheduled.
    Today they call me in for a meeting, on my day off, and inform me that they are accepting my resignation effective immediately and due to a line from my original job offer letter which states, "Should for any reason either party decide to terminate the employment relationship any unpaid commissions on homes that the sales manager sold shall be deemed unearned and shall not be paid, however if all of the 5 criteria have been met prior to the sales managers departure, then upon closing the former sales manager shall be paid the commission.", they are not paying me a dime! The 5 specified criteria have been met in all cases and they are just trying to screw me out of my earnings, in my opinion.
    If I give due notice can they simply just MAKE my resignation effective immediately and not pay me through the length of the notice???

  • #2
    I answered this question in the other forum where it was asked.
    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.


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