Legal Question in Employment Law in Maryland

Backpay for ''commisioned'' employees?

I am in the process of collecting backpay from an employer who terminated me for personal differences. I am a loan officer and originated loans for a mortgage broker. Since real estate settlements normally take 30-60 days, I am always paid in a rears. Therefore, after I was terminated many of ''my'' loans settled and my ex-boss was paid for them. He has verbally agreed to pay me on all the loans I originated and has partially done so. However, he still owes me $3,800 and has ignored several recent emails requesting the remainder. Is he required by MD law to pay me on my loans (i.e. my name is on the documents as the loan officer)? How much time must I give him to pay and what types of legal recourse do I have (i.e. small claims court,law suit,etc.)?


Asked on 7/31/01, 11:40 pm

1 Answer from Attorneys
David Lease Smith, Lease & Goldstein, LLC

Re: Backpay for ''commisioned'' employees?

If the commissions were "earned" before you were terminated, eventhough the commissions would be paid at some future date, you are entitled to those commissions. The commissions must be paid within two weeks of when they normally would have been paid to you. If you former employer fails to pay the commissions within the two weeks, the Maryland Wage Payment and Collection Law provides you with a remedy of up to three times the wages due plus reimbursement of your attorney's fees. To collect a Lawsuit in the District Court of Maryland should be filed. If you have any questions regarding the Maryland Wage Payment and Collection Law please call me at (301) 838-8959.

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Answered on 8/01/01, 3:24 pm


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