Legal Question in Employment Law in Nevada

Non Payment on Sales Commission

I need to know if a employer can decide not to pay commission owed if you decide to give your 2 week notice. I am paid my commission quartly, Can they change the commission structure right before your next commission payout?

My example my employer starts commission after you work there for 6 months. After the 6 months they pay you for the first three months...So you are always at least three months behind. They pay 8 percent of what ever you sell. Can they change the commission structure right before the next payout, so that you would recieve less? I can understand changing it so that you may receive less ongoing but not for past sells.

Thank You


Asked on 12/30/04, 11:40 pm

1 Answer from Attorneys
Leon Greenberg Leon Greenberg Professional Corporation

Re: Non Payment on Sales Commission

Although I do not have all of the details of your situation, the circumstances you communicate may well constitute a breach of contract claim. You had a deal, you worked under that deal, and now it appears the terms of the deal are being changed unilaterally by the employer. While I cannot give a legal opinion in this format there may be legal limitations on the employer's freedom to change your agreement in this fashion. If you are owed over $5,000, or you are owed less than $5,000 but believe other workers have also been harmed by this change of policy, you may want to call me to discuss this further. You can reach me at 702-383-6085 or [email protected].

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Answered on 1/03/05, 2:33 pm


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