Legal Question in Employment Law in New Jersey
job loss and commission
I recently lost my job I held for 9 mos. In the letter it said it was amicable. They offered me one week severance. During empl;oyment I had a commission perk that read that i would get a % of all new tooling. About a month prior to dismissal I was given a huge order from a well known beauty company. I was in a position to receive a large commission. A letter of intent was signed by my company and the one we will receive the order from. It is still expected to take place. I was the only salesman on that account. I do not believe any money has been given yet but it is still in the works. Do i have a right to the commission.
1 Answer from Attorneys
Re: job loss and commission
If you have a written contract, that could determine the issue. If not, a lot depends on industry practice or practice within the company. However, the usual practice for ssles is that the commission is earned when the order is placed provided that the sale actually takes place. That said, there are variations. Consult your lawyer.
See also: http://info.corbettlaw.net/lawguru.htm