I Didn’t Get My Final Commission Check

When an employer fails to pay your final commission check, it can leave you feeling frustrated and undervalued, especially if you’ve worked hard to earn that income. Commissions are not just incentives—they are wages protected under Massachusetts law. If your employer has withheld your final commission check, you have the right to seek legal remedies.

At Gordon Law Group LLP, we understand the challenges employees face when dealing with unpaid wages and commissions. If you’re in this situation, here’s what you need to know about your rights and the steps you can take to recover what you’re owed.

What Are Commissions and How Are They Protected Under Massachusetts Law?

• Commissions are payments earned based on sales or performance, typically defined in an employment agreement.
• In Massachusetts, commissions are considered wages under the Massachusetts Wage Act if they are earned, definite, and payable under the terms of your agreement.
• Employers are legally obligated to pay all earned commissions in a timely manner, even if you’ve resigned or been terminated. Failure to do so could violate Massachusetts wage laws.

For more on how wage laws are enforced nationally, visit the U.S. Department of Labor’s Wage and Hour Division.

Common Reasons Employers Withhold Commission Checks

• Disputes Over Terms: Employers may argue that you didn’t meet the conditions for earning the commission, such as customer payment or sales completion.
• Poor Record-Keeping: Employers with inadequate systems may delay or fail to process your payment.
• Retaliation: If you resigned or reported workplace issues, an employer might withhold payment as an act of retaliation, which could also constitute employment discrimination.
• Misclassification: If you’ve been misclassified as an independent contractor instead of an employee, your employer might try to evade their obligation to pay commissions.

Steps to Take If You Haven’t Received Your Final Commission Check

• Review Your Employment Agreement:
  • Carefully examine the terms of your commission structure. Determine whether you met the conditions for earning the commission.
  • Look for clauses specifying when commissions are due, such as after a sale is closed or after payment is received from the customer.
• Document Your Work:
  • Keep a detailed record of all sales, invoices, and correspondence related to the earned commissions.
  • Save pay stubs and communications with your employer regarding commission payments.
• File a Complaint:
  • In Massachusetts, you must file a complaint with the Attorney General’s Office before taking legal action for unpaid wages or commissions.
  • The Fair Labor Division will investigate your claim, helping to ensure compliance with Massachusetts wage transparency laws.

For additional guidance on filing a wage claim, the Massachusetts Attorney General’s Office provides detailed resources and support.

Your Legal Rights Under the Massachusetts Wage Act

• Timely Payment: Employers must pay all earned wages, including commissions, on time. If you’ve resigned, your final paycheck should include all owed commissions by the next regular payday. If you were terminated, payment must be made on your last working day.
• Treble Damages: If your employer violates the law, you may be entitled to recover three times the unpaid wages, plus interest and attorney’s fees.
• Protection Against Retaliation: Employers cannot penalize or retaliate against you for filing a complaint about unpaid wages or commissions.

How Gordon Law Group LLP Can Help

• Evaluate Your Case: Our attorneys will review your employment agreement, commission structure, and any evidence you’ve gathered to determine if your employer violated the law.
• File Complaints and Take Legal Action: We’ll guide you through the process of filing a complaint with the Attorney General’s Office or pursuing a lawsuit to recover your unpaid commissions.
• Advocate for Your Rights: We’ll work tirelessly to ensure you receive the pay you’ve rightfully earned, and we’ll also address any related workplace issues, such as retaliation.

Why Fighting for Your Commission Matters

• Financial Stability: Your commission is part of your livelihood. Fighting for it ensures you’re compensated for the work you’ve done.
• Employer Accountability: Holding employers accountable for their actions discourages unfair practices and protects other employees from similar issues.
• Upholding Employee Rights: Ensuring compliance with wage laws helps create a fair and transparent workplace for all.

Contact Gordon Law Group LLP Today

If you didn’t receive your final commission check, don’t wait to take action. Contact Gordon Law Group LLP at (800) 403-7755 or visit www.gordonllp.com to schedule a consultation.

We’re here to help employees across Boston and Massachusetts protect their rights and recover the wages they’ve earned. Let us stand by your side and hold your employer accountable for their obligations.