Of course it's not legal
It's not legal, but chances are you're better off moving on with your life. Did you have any medical claims in the 6 months worthly of trying to recover?
The last paycheck? File in small claims, no talent needed... the judge will smell just how bad this guy stinks...
Yes
Your employer is not liable for mother nature, and NO they don't have to pay you. ie. would you expect to have a job if a tornado wiped out the building? It's likely everyone would be terminated and it would be legal to do so... in most every state.
File suit
I know this post was a while ago... when things are going down hill at a company and your base pay is not showing up. You need to move quick...
#1. Find a new job!
#2. Send a demand letter to the CEO and other officers
#3. File a complaint with your Dept of Labor.
#4...
Easy one...
Tell you're friend that you simply cannot forget about $3,500 in fees and demand payment. It's very important you do this with a certified letter via US mail, include a detailed invoice of the jobs you performed, the dates, amount, etc.
Take the high road first and be...
A bunch of Bull...
This is total crap... of course they owe you the money! The person who is not responding is guilt of voliating company policy - most likely (which is worthless legally), but you CAN spin that as they were harassing & falsely denying the validity of your unpaid commissions...
Typical... but unlawful.
I just left this environment (the nasty enivironment you described) to begin a specialized sales commission practice.
When you work for a large firm with a complex compensation plan, annual plan changes and territory shifts it's important to document everything...
Non-payment... serious issue.
Most companies have successfully argued that sales commissions are not earned unless the customer submits payment. Each state is different.
Whether or not it's 90 days does really matter if it goes to court.... if the customer ultimately pays the invoice...
Where??
The bigger question is where is the company HQ'd? If it's off shore, forget about it... you'll spend far more time, money & effort to recover.
Best course of action is a polite letter outlining the misunderstanding to a Sr. Executive and requesting payment. Otherwise, I think...
It's all bad...
Your situation is what every sales representative experiences at some point. However, you need to do a couple of things... first, try to send a friendly email/letter to accounting/sales accounting/etc asking for a full accounting of your sales. Tell them you what to focus on...
Unpaid Sales Commissions
I am not an attorney, but have done hundred of hours of research. Here is what you need to look for in your sales compensation plan of record. WHEN WAS THE COMMISSION EARNED? (verse when it is payable). It doesn't really matter when the company actually pays you...