Legal Question in Business Law in Maryland

I will be transferring my job from MD to TX at my request and I have some questions about my MD commissions. I work for a job placement firm and I receive a base salary but about two thirds of my salary is commission. I feel like I SHOULD continue to receive my commission that I have earned in MD when I transfer to TX. Can someone shed some light on commissions and why I wouldn't receive them when I transfer to Texas? I can't imagine they would make me start all over after all the work I have done for the company.


Asked on 11/27/10, 7:47 pm

2 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

It really depends on your company's written policy. If it states that you start over and forfeit your prior earnings, then that's the way it is. If your company does not have a written policy on the matter, I think they would have a hard time arguing that you shouldn't receive you already earned commissions.

Best of luck.

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Answered on 12/03/10, 12:05 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can tell you it depends mostly on whether or not your have a written employment agreement. At-will employment is exactly that. The employer can change the terms of employment or cease employment at will. The easy way to answer your question is to ask your employer. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/03/10, 6:01 am


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