Employment Attorney Answers: How do I quit and still get my commission? Can my employer keep my commission if I’m fired or quit? What damages do I get if my boss keeps my commission?
The short answer is, that no matter if you are fired or quit, you are entitled to all earned commissions. Ohio R.C. § 1335.11 requires that employers pay sales representatives all commission due at the time of termination. Also, the employer has to pay within 30 days after the employee leaves the company. The law uses the word “termination,” which can be a bit confusing, but elsewhere in the statute, “termination” is defined, and it includes voluntary resignation. So if you quit, your company still owes you for the commission you made before you split, and any commission that comes due after you leave as well.
Also, don’t assume your employer has paid you commission unless your paycheck says so. For instance, we recently helped out a client who received a “bonus” on his final paycheck, but was never paid the commission he had earned. He figured he was entitled to the difference between the commission he earned and the bonus he was paid.
Bonuses are typically tied to a target, quota, or some other goal specified by the employer. A bonus is a discretionary award. Once the target is met, the bonus is paid. Commission, on the other hand, is usually a percentage of sales, or a specific amount an employee earns per sale based on an agreement with the employer.
If your employer decides to give you a bonus, that’s great, but you are still entitled to every penny of the commission that you earned. And, if your employer purposely withholds your commission, you may also be entitled to the original amount plus three times that amount just to punish the employer for bad behavior.
Don’t miss out on getting the commission you earned just because you found greener pastures. The money you are owed is not water under the bridge. If your employer won’t pay, call an employment attorney right away.
If your employer is not paying you all of your lawfully earned overtime commissions, contact the attorneys at The Spitz Law Firm today for a free and confidential initial consultation. Or maybe you are being misclassified as an independent contractor. The commission dispute attorneys and lawyers at The Spitz Law Firm will provide you with the best options for your overtime pay dispute situation. If you even think that you may be entitled to overtime pay that you are not being paid, call 866-797-6040.
The materials available at the top of this commission dispute web page and at this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking, “Am I entitled to commission when I quit?”, “Does my job have to pay me for my commission if I’m fired for …”, “My final paycheck is not right …” or “What do I do if…”, the your best option is to contact an Ohio commission attorney to obtain advice with respect to commission payment questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at the top of this page or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.