Can a company let you go and not pay your commission?
My boyfriend was let go from his debt collection job last week after 2 1/2 years. They say that too many of his checks that were set up bounced last month. They still owe him over $13,000 in commissions but did not pay him. Is this illegal?
A lot depends on any employment agreement or letter or document setting out his commission plan, or any terms of employment, such as reflected in any employee handbooks. It is more common for a company to pay departing employees all commissions earned prior to the employee's leaving; however, it is not against the law for a company to have the rule or requirement that an employee must still be employed at the time a commission is paid in order to receive it.
Your boyfriend should therefore check any/all documents relating to his employment and his commission plan. If they say he has to be employed to be paid, the company can withhold payment; if they say that he will be paid all commissions earned prior to departure, he should be paid; if the documents do not address the issue, he may have a good claim and be able to sue for the commissions. Given the amount at stake, he should consult with an employment attorney, brining all his documentation with him, for a definitive opinion based on the specifics of his circumstances. Good luck.