It is illegal for your employer or former employer to refuse to provide you with commissions that are owed. New Jersey’s employment laws and contract laws prohibit an employer from withholding commission payments. However, you should be aware of your company’s policy regarding commissions. Some employers have clauses requiring that you be employed at the time that the commission is being paid in order to be eligible for the commission. In the event that there is no written policy, the past practice of the employer or an oral agreement regarding when the commission payments will be made may control.
About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.
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