Commissions due after Voluntarily leaving job

Greetings,

I am a software sales person who left my prior employer voluntarily Jan 1st of 2004. At the time I left my previous employer owed me approx 13,000.00 in commissions earned. After leaving they have made payments of approx 10K and I just received an email stating that they will not make any further payments based on a review of an employment contract that states I am not due that money. Again these were commissions earned during my employment at the company. I have requested a copy of the employment agreement...what other steps should I take and do I have any recourse?

Thank you for your Consideration

2 answers  |  asked Jun 2, 2004 1:33 PM [EST]  |  applies to New York

Answers (2)

Joseph Heppt
Commissions earned

You are right in requesting a copy of your employment agreement as I doubt that the agreement supports the company's position. If you earned the commissions while employed by the company, you are entitled to be paid. The company cannot reap the benefits of your sales efforts while not compensating you for your efforts. If you do not receive a copy within a reasonable time, file a claim against the company in small claims court seeking payment of the commissions.

posted by Joseph Heppt  |  Jun 2, 2004 1:49 PM [EST]
Joseph Heppt
Contract is the key

You are right in requesting a copy of your employment agreement since that document will govern whether you are entitled to the commissions. If you do not receive a copy within a reasonable time, file a claim against the company in small claims court seeking payment of the commissions.

posted by Joseph Heppt  |  Jun 2, 2004 1:46 PM [EST]

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