“I keep careful track of my commissions, but lately the numbers haven’t been adding up – the commissions in my paycheck doesn’t match what I think I should be paid.”
Commissions are wages, bonuses are not. Because commissions are wages, this means they are covered under the Wage Act. So any unpaid commission counts as unpaid wages and the employee may be entitled to treble damages and attorney fees. The problem is, many companies define “commission” as a “bonus.” But just because they call it a “bonus” doesn’t make it so.
The test for whether commissions/bonuses are wages is whether they are “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 “due” or is there some contingency still waiting to happen?
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 team at Gordon Law Group to discuss your specific case.