At the Law Offices of Stewart A. McMillan, many of our clients are professionals or financial industry executives, a majority of whose compensation is tied to their bonus or commission.
Our New York Employment Law Attorneys will counsel you that the question of whether or not a future sales commission is owed to you is often a gray area.
The most important questions to be asked in determining whether a sales commission is owed include the following:
- When was the sale “Completed”?;
- Is the commission earned when the employee finds a “Buyer,” or some other time?;
- What does the contract itself say about commissions (if anything)?;
- Is there a prior “Course of Dealing “ regarding the payment of commissions by the corporation?
- Is the employee entitled to be paid the commission after he has left the employment of the company?
As is also true with nonpayment of bonuses, whether a commission is owed can sometimes be determined through company policy.
In addition, evidence of disparate treatment (with other employees in the same position as you) can often bolster an employee’s claim that a commission is due.
Our New York Employment Law Attorneys have over 25 years experience advising clients on issues relating to commissions including “when they are earned” and when they are required to be paid.
Accordingly, if you believe you or someone you know may be entitled to payment of a commission, do not hesitate to contact our New York State Employment Law Attorneys immediately.
The phone call is absolutely free, and our attorneys are standing by 24/7 to assist you.