Legal Question in Business Law in Maryland

Payment of commissions

I left employment with a company with an outstanding balance of commissions due to be paid to me. The balance owed is for jobs that were completed and or contracted by my hand and is greater than $11,000. I have submitted copies of the commission statements to the former employer and he is ignoring them. I terminated my employment over 7 weeks ago and some of the commissions date over 11 weeks ago. I attached a letter requesting expeditious payment of the balance owed along with the statements. The employer has made it a regular practice ot pay commission balances when he pleases and as a result 3 other employees have left the company for that reason. I was the manager of the company and drove a company truck which I provided the fuel for. I was told that I would receive a fuel card, but it never happened. I explained to the employer that I could no longer afford to work for him because he did not pay my commissions nor was he compensating me for the fuel in his vehicle. He has made comments to his current employees that he has no intentions of paying me the money he owes me. What should I or can I do to make sure that I am paid the money that the company owes me?


Asked on 11/25/05, 9:18 pm

2 Answers from Attorneys
Alton Drew Alton Drew, LLC

Re: Payment of commissions

Your next step is to file an action in district court. Since you have contacted your former employer and he is not returning your calls, filing suit may send him the wakeup call he needs. Proper evidence is key. You will have to gather up all copies of documents showing the work you did and commissions due. You will also have to gather up copies of the receipts documenting fuel costs.

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Answered on 11/27/05, 10:45 am
Robert Sher Wagshal and Sher

Re: Payment of commissions

Under the Maryland Wage Payment and Collection Law, if the employer fails to pay your commissions (which are the same as wages) when they are otherwise due, you can file a complaint with the Commissioner of Labor and Industry and ask that office to intervene on your behalf. They can try to resolve it informally or ask the MD Attorney General to bring a suit on your behalf. The employer can be sued for up to 3 times the outstanding amount due plus legal fees. You can also sue the employer directly. If the court finds that there was not a genuine dispute between you and the employer justifying the withholding of payment, it can order the employer to pay triple the amount due.

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Answered on 11/28/05, 11:31 am


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