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?


Asked on 12/12/05, 4:56 pm

3 Answers from Attorneys

Asi Kirmayer Kirmayer PLLC

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.

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Answered on 12/12/05, 5:31 pm
Peter Moulinos Moulinos & Associates LLC

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

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Answered on 12/12/05, 6:44 pm
Stephen Loeb Law Office of Stephen R. Loeb

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.

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Answered on 12/13/05, 11:24 am


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