Articles Posted in commission

Terminated Employees May Still Be Owed Commissions
Gordon Law Group

Terminated employees may. In an effort to avoid their obligations under the Massachusetts Wage Act (“Wage Act”), many employers now condition the payment of commission on continued employment.  Sometimes those same employers the fire employees to avoid the commissions because the employee was not working when the commission came due.  This may no longer work.…

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Simple “Discretion” in a Commission Plan Insufficient
Gordon Law Group

A discretionary clause cannot remove earned commissions from wage protection. The Massachusetts Wage Act protects money workers truly earn. For instance, Prudential Insurance created a plan that let it interpret rules. It also warned employees it might deny commissions after firing for cause. Yet, the court found this wording too weak because workers had already…

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All Commissions Are Recoverable Under The Massachusetts Wage Act
Gordon Law Group

The Massachusetts Appeals Court has affirmed that all employees who receive commissions as a part of their compensation packages, are entitled to the protections of the Massachusetts Wage Act. The case is Okerman v. VA Software. According to the plain language of the statute, the Massachusetts Wage Act applies “to the payment of commissions when…

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