Legal Question in Employment Law in Washington

Re: Unpaid expenses and commissions

I'm assuming you've already tried friendly persuasion with no luck. If not, do so. It's not right that you should have to call your employer and ask to be paid what is owed you, but the long term outcome for you will be better if you can make that work.

You may pursue this matter in either state, so I would recommend you pursue it in Washington, as that is going to be more convenient for you.

Once you decide you want to press the employer to pay up, go to the Department of Labor and Industries. (We're not allowed to put phone numbers in these answers, but you can find their number at www.lni.wa.gov. Follow the links for the "Wage Payment Act.") They can help you collect on the compensation, and possibly also the expenses.

If Labor and Industries cannot help you collect the expenses, and the amount totals $4000 or less, you can take your employer to small claims court here.

If you think your employer may be in serious financial trouble, you should probably act quickly. If they file bankruptcy before this is resolved, even if you've already won in court, you will have to stop all collection efforts.

If, on the other hand, your employer just has a policy of paying vendors at 60 or 90 days, and is viewing you as a vendor (not correct; you're an employee), be prepared for a possible frosty response. It is not legal for your employer to fire you in retaliation for enforcing your rights, but you have to be able to present persuasive evidence that that was why you were let go.

Good luck!