Legal Question in Employment Law in Pennsylvania
Splitting commissions after termination
I was recently terminated from a sales position where I was paid commission only. The company I worked for has a policy of splitting commissions of your open sales with current sales people after your termination. Since we were paid on delivery, it can take a few months to get paid. Is it legal for the company to take half of the salary I had already earned while I was still employed and is there a time limit after which they no longer are required to pay commissions (their policy is 3 months)? Thanks!
1 Answer from Attorneys
Re: Splitting commissions after termination
In order to properly answer your question I need some additional information. First, you state that "The company I worked for has a policy of splitting commissions of your open sales with current sales people after your termination." Does this commission splitting policy only apply to the commissions to terminated employees or did you split commissions while during your employment?
Second, you ask whether there is a time limit wherein the company no longer will pay your commissions. During your employment was there a time limit on commissions?
Finally, you ask is it legal for a company to take half your salary. The short answer is NO. However, I am unclear how the company is taking half your salary and why.
I recently handled a case (successfully) that sounds similar to your situation. If your former employer is doing what my client's employer did you have substantial grounds to recover compensation for not only your lost wages but also additional amounts. Please contact me so that we can discuss this further.
David L. Bargeron, Esquire
610-432-7042
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