Question about Commission

[pconner748]

I have a quick question, hoping someone can help.

I have a compensation plan, that includes a certian percentage rate on commission for leads I have generated. This plan is not in writing by my employer, but I have been compensated in the past for a lead that closed that is very similar to another lead that is closing that I may nto be compensated for.

Basically there is not set compensation plan for these types of commissions, but since I have recieved them in the past, there should be no argument for the future.

I am a bit concerned because I feel like my company and compensate me sort of on a "when they feel like it" basis.

Do I have grounds for legal action if I am not compensated for something that I feel I should be.

Also if you sue your company, can they fire you for that?

Thanks,
Pat

 

[cbg]

Commission law varies by state. You'll need to contact the department of labor for your unnamed state to see how commissions are handled there.

You cannot legally be fired for exercising a legally protected right. That's the best answer to a very broad question I can give you.

 

[pconner748]

Thanks for your help, the state is MA if that makes any difference

 

[cbg]

As it happens, MA is the one state where I have any knowledge of commission law.

As far as the law goes, you are entitled to the commission on any sale that you CLOSED. You are not entitled to commission UNDER THE LAW for any sales that were closed by someone else, even if you developed the lead and did some of the work on the sale.

That's what the LAW says; at least, that's what the law said the last time I had any employees earning commission. If you had an agreement with the employer that gives you additional commission rights, you will need to discuss it with a MA attorney to see what, if any, legal action you can take.

 

[pconner748]

Thank you, great answer