QUESTION

can a company not pay you earned commission pay that employer calls "incentive" but is based on your sales.

Asked on Mar 24th, 2013 on Labor and Employment - Ohio
More details to this question:
can employer not pay your earned 1st quarterly commission (they call it incentive) if you quit before the paycheck hits the bank 30days after that quarter ended. they state you have to be employed to collect your earned commission/incentive and they have about 30days to pay you after quarter ends. the commission is about 75% of yearly salary/income and only base salary is paid every 2wks and incentive cks every quarter
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1 ANSWER

Employment Law Attorney serving New York, NY
1 Award
Generally, commission, incentive, bonus, or any other "additional" pay over a base salary is determined by a contract of some sort or written agreement as to how the payments are earned/accrued and eventually paid out (even in light of a resignation or termination).  You have to look at your contract/agreement/handbook.  Note that most likely, the payments you are asking about are governed by contract law which is different for each state.  Therefore, I suggest you contact a OH attorney.
Answered on Mar 24th, 2013 at 3:56 PM

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