Legal Question in Employment Law in New York

Hello, I work in New York City and my salary consists of a base + commissions; these commissions are percentages (tiered and increasing depending on values we bill) of each deal that we close. We are paid our commission at the end of the month following our company's receipt of invoices.

Our exact commission is determined by individualized spreadsheets that calculate the amount we're owed as a function of monthly billing. Additionally I have a contract spelling out baseline commission amounts (from my initial hire)

I am considering resigning, and if I do I will have a) deals closed with invoices raised that we have yet to be paid on and b) invoices paid and received by my company that I will yet to be paid on.

I will be resigning in good standing and am not going to a competitor (not even staying in my current industry) - What are my rights to my commission for the deals I've closed ? (and are there any differences between (a) and (b) as outlined above ?

Also, my company has merged with a sister company and has a new name / entity than what is on my contract - does this change things at all ?

Finally - if I am legally entitled to money and am not paid - how difficult will it be for me to seek redress?

Thanks very much for any guidance and insight that can be provided in this matter.


Asked on 3/16/12, 7:19 am

2 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Yes, you are entitled to all earned commissions. You should probably retain counsel in advance of leaving to help you facilitate the matter and let the company know that you're serious about recovering all owed commissions.

Let me know if I can be of additional assistance in this matter.

Regards,

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Answered on 3/24/12, 7:39 am


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