A reader asks:
I am looking for a Chicago lawyer to help me get a commission of more than $10,000 that my employer owes me from some sales I have made. They say I won’t get it because I took a new job and their company policy is that you have to be employed at the time a commission is due. That seems unfair.
It is unfair, but under the Illinois Wage Pay and Collection Act, employers are allowed to set their own policies as to when commissions can be earned and paid. It’s completely legal for them to say you have to be an employee to get your money. We’ve seen many other situations where an employee doesn’t get paid until the customer pays. That too unfortunately is legal as well.
So to determine whether or not you will get paid a commission, we have to see what policy your employer has. They can’t just change it on the fly and if it’s not in writing then there is a good chance that it doesn’t actually exist.
My advice to any sales person is to get clarification in writing before you start performing work. Otherwise you may find yourself at their mercy.
But whatever you do, don’t assume that you are owed nothing. We will always give you a free consultation to determine if there are any loopholes or rights that you have and will of course do whatever we can to make sure that you get paid. Often we find that other violations are occurring that entitle you to your money in the end.