Commission Disputes

"I keep careful track of my commissions, but lately the numbers haven't been adding up – the commissions in my paycheck don't match what I think I should be getting." - sample issue

Commissions are wages, bonuses are not.

The test for commissions under law to be wages is whether they are the "definitely determined" and have become "due and payable to such employee". Disputes over commissions typically involve two questions. Is the commission "definitely determined" or was it more like a bonus within the discretion of the employer? And is the commission so far above and beyond the salary that it is more of a contract matter between the parties as opposed to a wage?

If you believe that you're entitled to commissions and haven't received payment, contact us today.

This information is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. While some may find this useful for understanding the basic issues and their legal context, it is NOT a substitute for experienced legal counsel and does not provide legal advice. Please contact the experts at Gordon Law to discuss your specific case.

(*As published in Boston Magazine and in Massachusetts Super Lawyers, Nov. 2006.)