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I was recently let go from a salary plus commission job. The commission is scheduled to be paid out this week and I received an email stating that it would be next week. I know the amount that should be paid and I am worried that they are going to falsify the amount in their benefit. What are my rights
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Stephanie,
There is a MN statute which says that when a MN employer discharges an employee, the wages or commissions actually earned and unpaid at the time of the discharge are immediately due and payable upon demand of the employee. When it comes to commissions, the issue is often when those commissions are "actually earned," and that depends on what the commission arrangement is with the employer. In some cases, a commission may not be "actually earned" until long after the discharge because the employer may need time to take into account whatever factors come into play to calculate the commission. However, if you never get the commissions you earned, or if you have proof that the employer underpaid them, then you may have a claim for unpaid wages/commissions against the employer.
Answered on Jan 21st, 2013 at 9:59 AM