Legal Question in Employment Law in Louisiana

Re: Unpaid Commissions

Based solely on your question, you are entitled to the commissions. The law states that upon termination, a worker must be paid all wages owed within 3 days, or on the next normal pay day, after termination. If those amounts are not paid, then upon demand by the former employee the employer has 24 hours to pay all "undisputed" amounts owing. After notice, if the former employee must file legal action, and is successful in proving he is owed wages he was not paid, then he is awarded those wages, costs and reasonable attorney's fees. In addition, if the court should decide that the withholding of wages was arbitrary and capricious, then it shall award damages equal to 1 day's wage for every day after demand that the wages were not paid, up to a maximum of 90 days penalty wages. Those damages are in addition to the wages owed, costs and attorney's fees. The company cannot simply say that it is "their policy not to pay commissions after termination." Also, if part of your benefit package was vacation time, (for instance, you got to take a week's vacation after working there for 12 months), then for every day you worked beyond 12 months you were earning a portion of your following year's vacation. For example, if you had worked there for 18 months, you already had "earned" 7 days vacation after 12 months, and an additional 3.5 days for the 6 months you worked after that. Using the above example, you are entitled to be paid for any of the 10.5 days of vacation you had earned but not taken. Commissions, unused vacation, comp time and the like are all "wages" under the law. Generally you have 3 years to sue for wages, but you should take action immediately to assure that documentation of your work history has not been altered or lost.