Legal Question in Employment Law in New York

Commisions, unpaid

I have worked for a home improvement contractor as a commisioned sales consultant (w2) for about seven years(pt). Recently a job of mine was completed but the customer did not pay and it is now in collection. This job had been quoted from the residential price list instead of the commercial price list after consulting with and getting approval from the owner of the company. The owner now says he holds me responsible for $1,500 which is the difference between price lists because I didn't include a statement in the job plan that would void the ''discount'' if job wasn't paid in full at completion. This was not a standard procedure. He has not paid me for that job and now he has withheld payment from another job which did pay at completion. Also last year he withheld payment on a job because it was quoted from the wrong price list. Although he saw it was quoted wrong before he began work yet decided to do the job anyway. At that time I put up with it because I thought a complaint would lead to him firing me but at this point I won't take it. Also on the latest job there was a mishap caused by my boss which may have led to a potential liability and the cause of the late payment.


Asked on 10/21/08, 5:01 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: Commisions, unpaid

Not bad, not paying a salesman can subject the company to triple damages in New York State. If you had no written agreement to work for him that is another violation of NY labor laws. as salesman your job is done after the contract is signed. Unless your WRITTEN agreement provides otherwise, that is when the payment is due you. This is basis for a labor dept. complaint as well as an individual right of action. Get an attorney to review your actual rights in this case once the details are reviewed more carefully!

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Answered on 10/22/08, 11:02 am


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