Legal Question in Business Law in Illinois

Withheld commissions

I am a sales rep and receive monthly commission checks. The commission plan that was provided to me states that ''typically 25%'' of monthly commission will be held back. In the past the withholding had always been 25% until recently my sales increased and my commissions have been withheld at 40% and 75% for the past two months. Other reps in the company have had different withholdings as well and there is no uniform withholding (some get 25% withheld others get 75% withheld on any given month). I have asked for an explanation in writing as to why I have been assessed a higher withholding percent. The only verbal answer I have received is that my sales may not maintain thru the year and a higher percent has been held back. My commission is paid for the work I have done in the past months not my future performance. Do I have any recourse to claim the excess withholding that my employer is holding back?


Asked on 5/11/04, 2:39 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Withheld commissions

Quite possibly. Illinois' laws relating to the payment of wages is quite strict. Your rights may also be affected by any contract you may have regarding the payment of commissions.

You must, however, be willing to take your employer to task if you discover that they are wrongfully withholding your payment. If you desire legal assistance in this regard, please feel free to contact me.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]; 312-596-1700

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Answered on 5/11/04, 2:51 pm


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