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Forfeiture of Commissions Due?

  • Thread starter Thread starter andreal
  • Start date Start date

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A

andreal

Guest
What is the name of your state?
I live in Missouri, but I am employed in Kansas



My question is this:
I will be leaving my sales position at my current employer, for another sales position within our industry - in other words, I am going to work for the competition. I do not plan to give a traditional two weeks notice, so as to avoid any potential conflict of interest between the two companies. Typically, even when notice is given, when you leave for a competitor you are asked to leave the day you turn in your resignation.

I did not sign a non-compete/disclosure agreement with my current employer.

We are paid a base salary, plus commissions. There are two commission plans in which I participate, depending on the type of product sold. Plan 1 "Parts" pays commissions on parts orders on the 15th of the month after they were booked. (Parts sold in August, will have commissions paid in September, etc.) Plan 2 "Equipment" pays commissions on the goods on the 15th of the month after the equipment ships. (Equipment sold in August, but which doesn't ship until September, would be paid in October, etc.)

Do I have any legal recourse if my current employer refuses to pay me my commission due if I am no longer employed at the time the commission is to be paid? I am planning on leaving on 8/31/04, and have been booking orders on which commission will not be due under their plan until at least 9/15/04 and in some cases (for Plan 2 sales) several months in the future.
 


cbg

I'm a Northern Girl
I do NOT know if Missouri law on commission payments runs the same way as my state. I have been led to believe that most states do it the same as my state, but I can't say for certain that MO is or is not an exception. If StacyLB wanders by she may be able to answer; otherwise I would suggest you contact the MO DOL.

In my, and I believe most, states, unless your commission agreement reaches the level of a contract AND has terms that are more generous than this, you would be entitled to commissions on any sales that you personally closed, regardless of when the commission is actually paid. You would NOT be due commissions for any sales that you may have begun, but someone else closed.

Best I can do, but might give you a place to start.
 

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