Legal Question in Employment Law in Massachusetts

Non-payment of wages since departure

In January I left the company I was working for due to bounced paychecks and non-payment of commissions that were a month overdue. Also, I was entitled to 1 week of vacation after each year of employment, yet when I left they refused to pay the 1 week's vacation. In addition, they are refusing to pay the commissions earned during the previous month. I have contacted the Att.Gen.'s office and they've made me aware that the process does take time. Currently the company owes me about $3200. Prior to contacting the Att. Gen.'s office I had filed a small claim. Should I not be going through both processes at the same time and do you think I am entitled to the above? Also, I have filed for unemployment believing that since I left due to non-payment of wages, that I would be deemed eligible, am I correct? My former employer is fighting this and made a statement to the D.E.T. that there was no agreement of commissions in addition to my salary and therefore my reason for leaving is not validated. This is untrue. Our agreement was clear, salary plus commissions for ''x'' amount of sales per month. Am I entitled to unemployment benefits and do I have any recourse for his false statement?


Asked on 3/12/03, 7:06 pm

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Non-payment of wages since departure

You cannot pursue two avenues on the same claim. Stay with AG. It appears that you could succed at the DET hearing, however that depends on the decision of the hearing officer based on the evidence presented at the hearing.

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Answered on 3/15/03, 2:50 pm


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