What actions can be taken to get unpaid commission?

I am no longer with this company. It was standard
practice that when anyone else left they were paid
their commission up to 6 months after their departure. I went to work for a competitor. I did not have any written or oral agreement stating that could not work for a competitor. I believe this employer is holding back my commissions because she knows I am working for a competitor. Also, what actions can be taken against her if she does not send out a 1099 by January 31st, as she is required to?

1 answer  |  asked Jan 25, 2012 07:43 AM [EST]  |  applies to Illinois

Answers (1)

John Otto
With respect to the unpaid commission, you should send her a Wage Collection Act demand letter by certified mail, return receipt requested. Then, if you have to sue to get the commissions, the employer has to pay your attorneys' fees. With respect to the W-2, she still has another week. If you haven't received it, contact your employer to make sure she sent it to the right address. If she refuses to send it, contact the IRS to file a complaint. Here is an IRS link that tells you what to do:
http://www.irs.gov/newsroom/article/0,,id=106470,00.html

posted by John Otto  |  Jan 25, 2012 08:48 AM [EST]  [ Best Answer - selected by asker ]

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