Legal Question in Employment Law in Virginia
In Virginia, can a company deny commission payout earned through sales completed previous to an employee's last date of employment because the product was delivered 1-2 business days later (ex: ordered Thursday. Last day employed Friday. Delivered late on Monday due to inclement weather and last day of pay period on Monday)
1 Answer from Attorneys
No, if the commission was actually earned during the period while the earner was still employed by the company, it should be due and payable to him or her irrespective of the fact that the product sold was delivered to the customer (for whatever reason) after the employee's employment had terminated with the company.
And, if the company refuses to pay up after appropriate demand has been made, the former employee should consider suing them in small claims court.
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