Legal Question in Employment Law in Georgia
Employer refuses to pay final commission check
I left my job about 90 days ago. Employer found out that I had interviewed with another company and denied my access to all of the computer files. I walked out. Employer has not issued my final paycheck, COBRA information, or 401K information. I was straight commission and had several thousand dollars owed to me for orders that the company had received. I do not have the records of what I am owed (they were on the system, he locked me out). I never signed an employment contract. Employer states that there were mistakes on one of my jobs and he will not pay me due to the expense of repairing the mistakes. Am I entitled to my commissions? If so, where do I start in trying to get them?
1 Answer from Attorneys
Re: Employer refuses to pay final commission check
A good deal depends on their commission policy that covered you. If, for instance, you are to be paid commissions for deals that closed while you were employed, you would not be entitled to the commissions on deals you worked unless they closed before you left. On the other hand, if the deals closed or if there were no such policy, you should be entitled to commissions you earned. As to deductions for alleged mistakes, that would also depend on the commission policy.
Since you have been gone for more than 60 days, you should have received your COBRA notification, and the failure to give you such information could be a violation of the law. (There are some factors, such as size of the company and type of insurance plan, etc., that may allow them to not send you such notice.)
You should probably get with an attorney to determine what your rights are.
The foregoing is general information only, not specific legal advice. No attorney/cleint relationship has been created or should be implied.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
