QUESTION

Is it legal for a company not to pay commission after firing an employee?

Asked on Jan 08th, 2015 on Labor and Employment - North Carolina
More details to this question:
I was let go on December 31 for not hitting goals with sales. I set up web demonstrations by cold calling and the senior closer than will go over the product in depth and attempt to sell it. I had many demo's set up this month and have had 826 dollars in sales, which I would get half and the senior closer gets half. I expect a few more to sell and to be around $600-$700 in just my half. The company will donate my commission to other reps to help them reach goal. I couldn't find anything in my contract stating how this would work.
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
If would be unlawful if you had already earned the commission pursuant to your pay plan. If it is not in the pay plan, then it likely would not be unlawful.  You may want to contact the Department of Labor to file a Wage and Hour claim if you believe the company should have paid you.
Answered on Jan 14th, 2015 at 5:55 PM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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