Many jobs earn not just a wage but also other forms of earnings. Some sales jobs and other types of employment, for example, can earn workers commissions, or an amount of money based on performance. A commission is usually a percentage amount of sales and is paid at regular intervals, either with a wage or shortly thereafter.
If you quit your job or are fired, are you entitled to this commission?
The good news is that Pennsylvania law protects you and you should be able to secure all the money you are owed, including your final paycheck and commission. If you are having trouble with an unpaid commission or other problems after your employment is terminated, you do have options. Contact Weisberg Cummings, P.C. for a consultation with an employment attorney to find out what remedies are available.
The Pennsylvania Wage Payment and Collection Law (WPCL) ensures workers have the ability to collect wages from current employers and previous employers. According to the WPCL, even if you have been fired or have quit, you have the right to collect wages due, including your pay, bonuses and commissions. This law also allows you to collect reimbursement for expenses covered in your job and fringe benefits, including paid vacation time you have not used. This law makes it clear: you are entitled to your commission after quitting, getting fired or leaving your employment.
Many employers are compliant with the Pennsylvania Wage Payment and Collection Law and their duties and will pay you your wages and commission when you quit or leave work. However, if your employer tries to keep your commission or any other wages owed, you will need to collect.
In order to collect your commission, you must first establish there is a contract which gives you a right to the commission. You can provide this proof in the form of an employment contract or a written company policy about payment and wage regulations. Even if there is no agreement, you can use past history of commissions to assert your right.
For example, if you can prove through emails, letters or pay stubs or checks that you were paid a specific commission or bonus within a week of a sale or at specific times of the year, this can help you show a contractual relationship, which can help you collect your commission. It is easier to prove a contractual relationship with commissions than with bonuses, since commissions are usually a set amount and occur regularly.
When trying to collect commissions, it is important to consider when your organization or past employer consider a commission to be earned. For some businesses, it may be when a sale is made. For others, it may be when a sale is processed. If your employer considers the earn date to be when the sale is finalized, they may argue you quit or were fired before the earn date. In these situations and in other cases where you feel an employer is trying to withhold earnings owed to you, it is best to contact an attorney.
If you have questions or concerns about your final pay following your exit at a company, contact an employment attorney. Organizations are still expected to act in good faith and to obey the law even when an employee leaves. An attorney can negotiate to ensure you get the fair pay you deserve.
This is especially important because leaving a job can already be stressful. You may not have new employment right away and may be relying on your wages and commission to pay the bills until you get new work.
Keep in mind that Pennsylvania laws protect workers. If a former employer violates the WPCL and you pursue them in court, you may be able to recover not just wages or commission, but also seek to have your legal fees covered and may even be able to pursue specific persons at your company in lawsuits.
Don’t leave money on the table at your old job. If you think your employer may be violating the Pennsylvania Wage Payment and Collection Law or is trying to withhold earnings and commissions that are rightfully yours, contact Weisberg Cummings, P.C. today.
Our attorneys have more than 40 years of combined experience and we’d be pleased to arrange a consultation for you. Our legal firm is responsive and attentive, always listening to you to understand the nuances of your situation so we can provide the legal representation and advice you need.
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