"I keep careful track of my commissions, but lately the numbers haven't been adding
up - the commissions in my paycheck don't match what I think I should be getting."
- sample issue
Commissions are wages, bonuses are not.
The test for commissions under law to be wages is whether they are the "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
so far above and beyond the salary that it is more of a contract matter between
the parties as opposed to a wage?
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 law offices of Neil H. Greenberg and Associates P.C. to discuss your specific case.