When an employee works on commission, he or she is entitled to get paid that money after it is earned. In some cases, an employee may not receive the correct amount of commission or may be denied it completely. Other times commission may be unjustly split between other sales personnel. If an employee leaves the company before being paid commission that was earned, he or she is still entitled to receive it. Commission disputes can be complex and create difficult circumstances between an employee and employer. An experienced employment attorney can help resolve the dispute and assist you in getting the money that you earned.
Laws that Govern Wages and Commission
Many types of sales jobs are paid on commission. Most employees who work on commission depend greatly on that portion of their wages to pay their bills. Both state and federal laws are in place to ensure that employees are paid fairly. Employees who are paid on commission must still be paid minimum wage and are entitled to overtime pay if they work more than 40 hours in a week. Federal law requires employers to include commissions when they calculate an employee’s hourly pay rate.
The Pennsylvania Wage Payment and Collection Law, WPCL, protects employees and former employees to ensure that they are paid fairly and according to their contracts. Some of the issues that are covered by the WPCL include wages, commissions, bonuses, benefits, and expense reimbursements.
Resolving Commission Disputes
Whether you are still employed or have parted ways with your employer, you are still entitled to obtain payment for commission that you earned. Many employees have contracts in place that provide rules about how commission is earned and paid. A contract is extremely helpful in the resolution of commission disputes. However, even if you do not have a formal contract, you may still be able to prove that you were paid commission based on past pay practices.
Commission disputes can be extremely complex because sales are made on an ongoing basis. The work you did towards a particular sale may result in sale weeks or months later. Because of this time period, you may already have left the company when the actual sale is completed. You may still be entitled to a commission based on the work that you already performed.
Sometimes there may be several or more various commissions pending at the time you depart from your company. You should not leave this money behind because you earned it and deserve it under the law. In some instances, you may be entitled to additional compensation for penalties if the employer withheld compensation without having good reason to do so.
Help from a Skilled Employment Attorney
If you have not received the commission you were owed from a current or previous employer, you may need to take legal action. Do not wait to resolve the situation. A Pennsylvania employment attorney will assist you in resolving the dispute and help you get the money you are owed in a timely manner. Contact the legal team at HKM Employment Attorneys today to learn how we can help.