Legal Question in Business Law in New York
Owed Vacation/Commissions pay
I was layed off due to a so called downsizing of the company at which was was employed. At the time of my lay off I was told I was not eligible to recieve my 8 unused days of vacation pay, as well as my commissions. I believe the company intentionally held invoices with out processing them until I was gone. (note: there was a clause in my contract that commissions were not due until invoices were processed - HOWEVER - client checks were received/deposited prior to invoice processing)
Do I have any recourse?
3 Answers from Attorneys
Re: Owed Vacation/Commissions pay
Your entitlement to vacation days really depends on the terms of your employement agreement, and you may or may not be entitled to them.
Your entitlement to commissions is probably clearer. Even if commissions weren't due to you until invoices were processed, once they were processed, they probably become due to you whether or not you are employed by the company at the time they became due.
For someone to give you a clearer answer, you would need to consult a lawyer to review your specific situation.
Re: Owed Vacation/Commissions pay
We will have to determine if you had an employment agreement to determine your entitlements however, based on a quantum merit claim, it would appear that you are at lease entitled to the commissions which you earned and which were paid by the clients.
Feel free to contact me should you have any questions or require further assistance on this matter.
Kind regards,
Peter Moulinos
Re: Owed Vacation/Commissions pay
I believe you are entitled to commissions, and may be entitled to vacation pay if part of an employment contract or bargained term of employment. I would be happy to go over your claim with you if you like.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Related Questions & Answers
-
Chain mail letters I received a chain mail letter for a money making venture. There... Asked 12/08/05, 8:10 pm in United States New York Business Law
-
Mechanics liens How can an architectural firm (a single proprietorship providing... Asked 12/06/05, 12:27 pm in United States New York Business Law
-
Promissory note gift If a promissory note was given to me as a gift, would the maker... Asked 12/04/05, 3:32 pm in United States New York Business Law
-
Dba benefits and pitfalls I am thinking of starting a small internet business. What... Asked 11/29/05, 11:33 pm in United States New York Business Law
-
A company but not yet a business: possible? Is it possible to have a company (LLC or... Asked 11/29/05, 3:43 pm in United States New York Business Law