Legal Question in Employment Law in New York

Withholding of salary and commissions

Can my employer legally withhold the salary and commissions due me after termination? We are disputing a charge of missing funds, which I intend to pay if it is found that I am at fault. In the meantime, he has fired me and refuses to pay me. What recourse, if any, do I have?


Asked on 10/24/05, 4:47 pm

2 Answers from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Withholding of salary and commissions

Under New York law, commissions are considered wages. It is unlawful to withhold wages.

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Answered on 10/24/05, 5:27 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Withholding of salary and commissions

Only if they are disputing that you earned them, which sounds like your situation.

As to recourse, normally, the department of labor will investigate non-payment of salary claims, but if your employer has improperly accused you of theft and fired you, you can sue for defamation and salary. It depends on what exactly happened.

One thing to bear in mind are the terms of your employment contract, which I don't know. Were you "at will"?

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Answered on 10/24/05, 6:52 pm


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