Legal Question in Employment Law in Arizona

as a sales account manager for a very small business in Az, commission only, is commission earned at the time of sale? A sale that extended into January, my employer wont pay me my commission due to the fact he says I resigned, but i didn't. There is no resignation letter.

Asked on 1/09/11, 4:26 pm

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Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

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If you do not have a written contract which specifies when you would be paid, the court would probably look to the pattern and practice of how you and or others were paid in the past. If you were paid next check whether or not monies had been collected then you probably would have a wage claim. Public policy favors employees and unless business has a written policy (e.g. Handbook) that contradicts your understanding your recollection may control. Because of the policy in favor of wages, triple damages, and mandatory attorneys fees, many attorneys will take such claim on a contingency (rare in commercial law). So, you may want to call an attorney to have him/her look at it.

Answered on 1/17/11, 6:20 am

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Donald W. Hudspeth The Law Offices of Donald W. Hudspeth, P.C.

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