What can I do if my former employer won't pay me the commission that I have already earned?
I was hired with the offer scribbled on a note pad. I recieved a copy of this. No signatures were on the document. After starting employment, I am informed commission is paid 2 months after it is earned. After being let go, the employer did not pay the 2 months commission I had already earned. I have not approached the employer yet, but plan on writing her a letter asking for her position on the unpaid commission. Small claims court is in order. What laws surround this or where can I research the laws in this state? Does this revolve around anything other than he said/she said?
The issue is contractual--and note that a verbal contract is a contract. Many companies pay commissions earned prior to an employee leaving; but they don't necessarily have to. It would be legal for a company to have an agreement or terms of employment requiring an employee to be in employee at the time a commission is paid to receive it. A lot will turn therefore on what the terms of your employment were and what you can show.