Short Commission Check

[simone4305]

My old employer owed me $1600 in commissions. He sent me a certified letter stating that the amount should be $1600, but he has been calling my old customers and disputing the fact that I took the orders. He sent me a check for $542 and says that if I cash that check, that means that I agree that he does not owe me anymore money. Can I cash that check and still sue him for the difference? The check does not say final on it. Please advise. Thank you

 

[army judge]

Your dispute will eventually end up in court, if you want to be paid more than the check he gave you.
Your choice.
You can sue anyone.
Will you prevail?
Can't say,don't know, don't want to know.
You could speak to your state's labor or wage board.
They might be able to help you get your money.
It's a free call.
Try it, otherwise,you'll end up in court trying to collect the other grand.
Only you know if what he's alleging is true.

 

[esteele]

You will likely have to bring action against your employer in small claims court for your commissions.

With respect to the partial payment check, you may want to confer with local counsel. Absent an "accord and satisfaction" statement in the memo section of the check, it would not appear that your cashing of the partial check would preclude you from obtaining the entire amount owed to you. Moreover, based on your post, it does not appear that a valid dispute exists concerning the actual amount owed to you. Consequently, an accord and satisfaction notation should not have any adverse effect here.

Again, though, you will likely want to check with a local attorney experienced in contract law and/or employment law to make sure you do not forfeit your rights to the balance by cashing the partial payment check.