Can I put a lien on the project in which my commission was based?

Currently my employment contract is both salary and commissioned based. I am in a situation where the commission side of my contract is not being paid. I have submitted in writing demands for payment. I am considering legal action, if I seek legal assistance in resolving this issue can they fire me. The company I work for is holding roughly $55k in commissions. I have everything in writing and signed be the president of the company, who was recently relieved of his position.

What should I do? Can I place a lien on the project in which the commission was based?

Any help will do.

1 answer  |  asked Mar 15, 2001 8:29 PM [EST]  |  applies to Texas

Answers (1)

Thad Harkins
Texas Workforce Commission can help you get paid

Your first step before hiring a lawyer (or maybe with a lawyer at your side) is to file a claim with the Texas Workforce Commission. Their wage and hour section may rule for you, and because of the amount, whoever loses (you or your employer) will certainly file an appeal. Then, there will be a process called an Appeal Tribunal hearing where you can present your case. Ultimately, the decision can go to the courthouse for final review, along with your contract claim.

You can find out the basics by going to the State of Texas website (www.texas.gov) and go to the statute, Texas Labor Code, Chapters 62-65 (i think). The other thing is to file with the Department of Labor, and get a finding from them. The federal wage law (Fair Labor Standards Act) may provide what's called liquidated damages in addition to your unpaid wages, if you have basis for suit under that statute.

The first thing, though, is to go to your closest Texas Workforce Commission office in Austin, and maybe you won't need to hire any of us greedy lawyers!!!

posted by Thad Harkins  |  Feb 21, 2001 09:21 AM [EST]

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