Legal Question in Business Law in New Jersey

Re: commission coming due

Labor Law � 191-c "Payment of sales commission" may apply for you. The law states:

"1. When a contract between a principal and a sales representative is terminated, all earned commissions shall be paid within five business days after termination or within five business days after they become due in the case of earned commissions not due when the contract is terminated.

2. The earned commission shall be paid to the sales representative at the usual place of payment unless the sales representative requests that the commission be sent to him or her through the mails. If the commissions are sent to the sales representative by mail, the earned commissions shall be deemed to have been paid as of the date of their postmark for purposes of this section.

3. A principal who fails to comply with the provisions of this section concerning timely payment of all earned commissions shall be liable to the sales representative in a civil action for double damages. The prevailing party in any such action shall be entitled to an award of reasonable attorney's fees, court costs, and disbursements."

Mike

Re: commission coming due

The due dates for your commission checks have not yet arrived. If no payment arrives within 5 business day after the due date for the first amount due, you might consider following the advice from the other attorneys who have responded to you as to the amount due at that time. If no payment arrives within 5 business days of the due date for the second payment, you can only then consider following their advice for the full amount.

Don't jump the gun, though. At this moment, your employer is still current on the debts owed to you and you have no case.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: commission coming due

The Department of Labor would be your first approach. It is possible that the commissions might not be within their jurisdiction. In that case, you will need to sue.

See also: http://info.corbettlaw.net/lawguru.htm

Re: commission coming due

In addition to what Mr. Corbett said, a "friendly" letter from an attorney may also get the job done without having to file a law suit. It would also be cheaper for you as well.