Is it legal in nj to withhold my commission by using excuses from my employer?

Got an email fm my manager, said no longer need my help, but said to let me fill up my customers' info before release my final commission. Pls. reference to his email: >

" I want to thank you for your help after your June 14, 2011 letter of resignation. I'm writing to you to notify you that we will no longer require your help effective Monday October 7, 2011. I ask that you please contact Lucy about your 401K if you did not do so after your resignation. Also I sent you an e-mail on June 15th requesting that you fill out the Excel sheet that was attached (customer list that required contact info). To date I have not received it and require this before I can release any final commissions due to you.
> Once again thank you for your help and good luck in the future."

Pls. reference to the letter I'm writing to my boss (owner of the company):

"Jimmy wanted me to fill up more info of my customers. All my customers' info is in the company's system, customers' name, address, phone & fax numbers. The company has the full info of each customer that I don't have. Customers' emails are also automatically saved in the computer that I rely on to pull out, and I've been blocked by you. The AR dept has most of the customers' cell numbers that I gave to her for the convenience. I don't understand why he makes hard for each person you people let go. Why? Too lazy to make calls? For one simple call, he can get whatever he wants from these customers."

My questions is how I'm going to get paid by either Federal or NJ labor laws. Is it legal to find excuses to hold my commission? What can I do to pursue my right and money?

Thanks very much.


1 answer  |  asked Nov 7, 2011 9:35 PM [EST]  |  applies to New Jersey

Answers (1)

Natalia Shishkin
Your employer may not withhold your commission. Even if there is a dispute over the amount of wages, the employer is required to "pay, without condition and within the time set by this act, all wages, or parts thereof, conceded by him to be due." N.J.S.A. 34:11-4.8.
If your employer refuses to do so, you can file a Wage Complaint form (MW-31A) with the New Jersey DOL, Division of Wage and Hour Compliance at (609) 292-2305.

Good luck,

Natalia Shishkin, Esq.

posted by Natalia Shishkin  |  Nov 8, 2011 12:02 PM [EST]

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