Legal Question in Employment Law in New York

I am an Independent Contractor working from home for an online travel agency. The owner is refusing to pay my commissions on a number of contracts. She sent an email in August 2014 stating if contracts were not signed and entered into the computer system within 48 hours she was not going to pay the commission. I sent the contracts however the clients did not return them to me. The clients have all travelled and the commission has been paid to the company. I have been able to get the contracts signed and uploaded to the system and the owner still refuses to pay me any of the commission. Is she legally entitled to my share of the commission?


Asked on 4/28/15, 3:59 pm

1 Answer from Attorneys
Andrew Muchmore Muchmore & Associates PLLC

Whether you are entitled to the commissions would depend on the exact language of your contract with the travel agency. If the contract does not specify, I think you would have a strong argument that you are entitled to the commissions, unless there is an established pattern or practice over the course of your business dealings with her concerning this 48 hour rule. If you would like to email me a copy of the contract to review, I would be happy to look it over for you and give you my thoughts.

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Answered on 4/29/15, 12:01 pm


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