Legal Question in Employment Law in Massachusetts
Can employer withhold commission pay upon giving notice?
I am planning on giving notice and have heard through a previous employee who left that I will not receive my final commission pay which is paid once a month. I feel that if the job has been completed, I should receive the commission owed to me.
I was shown no company policy or handbook when hired for this position.
2 Answers from Attorneys
Re: Can employer withhold commission pay upon giving notice?
You are entitled to receive all wages and commissions earned by the date of your departure. Call the Wage and Hour Administration at the Attorney General's office for information and complaint form
Re: Can employer withhold commission pay upon giving notice?
If the commission is owed, i.e. it has been fully earned by you, then your employer must pay it to you, regardless of whether you quit.