Do I have to be paid if I gave 2 weeks notice?
I am paid 100% Commission. I recently got a new job, and put my 2 weeks notice in the day before I went on a 5 day vacation, and then was scheduled to work an additional 5 days when I got back. At the end of my shift they told me that they were thankful that I gave them my 2 weeks notice but today would be my last day of work. Basically, I want to know if it is legal for them to fire me? Also, since I am commission I am losing a lot of money. My company says that they only pay for installed jobs while you are working a majority of my jobs where scheduled to be completed in the following 2 weeks and I think that is why they fired me so they would not have to pay. What options do I have if any to get paid for the 2 week? I have not talked to them yet about how I would get paid, but I would like to finish out my last week once I return from my trip on Wednesday.
MN, commissions that have been earned but not yet paid, are due an employee - whether the employee has been terminated or resigned. So the key here is, when where the commissions deemed to "be earned"? Under the applicable statute (MN Statutes 181.145 Prompt Payment Of Commissions To Salespeople), "the phrase 'commission earned through the last day of employment' means commissions due for services or merchandise which have actually been delivered to and accepted by the customer by the final day of the salesperson's employment". However, in your situation, the jobs had not yet been installed, so they were not "delivered and accepted". That would be your employer's argument. Your counter to this would be - an employer cannot avoid paying commission that were earned by opportunistically terminating the employee or preventing the employee from doing whatever else might be required to perfect his or her right to the commission. This is also the stand that MN courts have taken as well.
At this point, if you can't come to terms with your employer, you may want to seek the services of an employment attorney in your area.