They Didn’t Pay Me for My Sales

When your employer fails to pay you for your sales, it’s not just frustrating—it’s a violation of your rights as an employee. Whether you work on a commission basis, salary plus commission, or receive bonuses tied to sales, you are legally entitled to the wages you’ve earned. In Massachusetts, wage laws protect employees in these situations, ensuring that earned commissions and other sales-based payments are treated as wages. At Gordon Law Group LLP, we help employees in Boston and across the state fight for the compensation they’re owed.

If you find yourself in this position, here’s what you need to know to navigate this challenging situation and recover your unpaid sales earnings.

What Are Commissions and Why Are They Considered Wages Under the Law

Commissions are payments you earn based on sales, and they are legally considered wages in Massachusetts if they meet specific criteria:

• They must be definite, meaning they are clearly outlined in your employment agreement.
• They must be earned, meaning you’ve met all the conditions set forth in the agreement, such as closing a sale or receiving customer payment.
• They must be payable, meaning no additional requirements prevent payment.

Employers are required to pay earned commissions in a timely manner, even if your employment has ended. Failing to do so violates the Massachusetts Wage Act, which ensures employees are compensated fairly.

Common Reasons Employers Fail to Pay Sales Employees

• Claiming the Sale Didn’t Qualify: Employers may argue that the sale didn’t meet certain conditions, such as payment from the customer or completing additional paperwork.
• Delaying Payment: Some employers use administrative delays as an excuse, but this is not a valid reason to withhold wages.
• Misclassifying Employees: Employers may claim you’re an independent contractor instead of an employee to avoid paying commissions, which can also violate the law if the classification is incorrect.
• Retaliation or Disputes: If you’ve raised concerns about workplace practices or resigned, your employer might use withheld sales commissions as a form of retaliation, which is prohibited under Massachusetts anti-retaliation laws.

What to Do If You Haven’t Been Paid for Your Sales

Review Your Employment Agreement

• Carefully examine your contract, offer letter, or commission agreement to understand the conditions for earning and receiving commissions.
• Look for terms related to when commissions are due (e.g., after closing the sale, customer payment, or project completion).
• If the terms are unclear or your employer is failing to honor them, you may have grounds for a claim under the Massachusetts Wage Act.

Document Your Work

• Keep records of your sales, including invoices, contracts, and customer communications.
• Save copies of your pay stubs, emails, or messages where your employer discusses commissions or acknowledges your sales performance.
• A detailed paper trail strengthens your case if you need to file a complaint or take legal action.

Request an Explanation

Contact your employer’s HR department or management to address the issue. Politely ask why your commissions haven’t been paid and request a written explanation.

File a Complaint

• In Massachusetts, you must file a complaint with the Attorney General’s Fair Labor Division before pursuing a lawsuit. This step is crucial for recovering unpaid sales wages or commissions.

Your Rights Under the Massachusetts Wage Act

The Massachusetts Wage Act protects employees by requiring employers to pay all earned wages, including commissions and bonuses. Key protections include:

• Employers must pay commissions that are earned, definite, and payable according to the terms of your agreement.
• Employees who have resigned or been terminated are entitled to receive all earned commissions by their next regular payday or on their last day of work if terminated.
• Violations of the Wage Act may entitle employees to recover treble damages (three times the unpaid wages), along with interest and attorney’s fees.

Massachusetts has one of the strongest wage protection laws in the country. For additional guidance, visit the U.S. Department of Labor’s Wage and Hour Division or review the Massachusetts Attorney General’s guidance on wage laws.

How Gordon Law Group LLP Can Help

• Evaluate Your Case: We’ll review your employment agreement and records to determine whether your employer violated Massachusetts wage laws.
• Guide You Through the Complaint Process: Filing a complaint with the Attorney General’s Office can be complex. We’ll guide you through the process to ensure your claim is handled effectively.
• Advocate for Your Rights: If your employer refuses to pay what you’re owed, we’ll pursue legal action to recover your unpaid commissions and hold your employer accountable.
• Address Related Issues: Withholding sales commissions often overlaps with other workplace violations, such as retaliation or discrimination. We’ll address these issues as part of your case.

Why Fighting for Your Sales Earnings Matters

• Financial Stability: Your commissions represent the hard work and dedication you’ve put into your job. Fighting for them ensures you’re fairly compensated for your efforts.
• Holding Employers Accountable: Pursuing legal action against wage violations discourages employers from unfairly withholding pay from other employees.
• Protecting Your Rights: Standing up for your rights helps create fairer workplaces across Massachusetts, ensuring that wage laws are upheld.

Contact Gordon Law Group LLP Today

If your employer hasn’t paid you for your sales, don’t wait to take action. The attorneys at Gordon Law Group LLP have extensive experience handling unpaid wage and commission cases under Massachusetts law. We’re here to protect your rights and help you recover what you’re owed.

Visit www.gordonllp.com to learn more about how we can help or contact us directly through our contact page. Let us stand by your side to ensure you receive the compensation you’ve earned.