Previous employer required to pay commissions owed?

[kyndacrazy]

My previous employer (whom I left on good terms) pays commissions out 45 days after the end of each quarter. In this case, I left employment 16 days prior to the end of a quarter (quarter ends on 12/31/09). They are now telling me that because I did not finish out the quarter that I am not entitled to any of the payout that I rightfully earned during the quarter. Is this true? Commission equated to 30% of my compensation. Thank you!

 

[Patricia_Young]

That would be a legal policy under federal law (Georgia has no wage and hour laws of its own). It is fairly common for such plans to require the employee complete the commission period and/or be employed at the time the commissions are paid.

The only exception would be if you were inside sales and the elimination of your commissions would result in you getting less than minimum wage for the quarter.

 

[kyndacrazy]

So they are not legally required to pay the commissions? I was inside sales, but my base salary was much more than minimum wage.

 

[Patricia_Young]

Legally, no. What does the commission policy/plan say?

 

[kyndacrazy]

There is nothing defined in writing that states that it is forfeited.

 

[Patricia_Young]

Well, you're welcome to take it to a Georgia attorney and see what he says. If anything, you would have to file a civil suit in the state courts, since the federal DOL does not address this specific issue.