Failure to Pay Commissions
New York Unpaid Sales Commission Claims
Commission disputes often turn on the compensation plan’s definition of when a commission is earned, any conditions on payment, and what happens when employment ends. An attorney for unpaid wages can compare the written terms with sales and payment records.
If you’re concerned about a workplace decision or document, preserve the relevant records and seek advice promptly. Procedures and deadlines can vary.
What should you look for in a commission plan?
Review how commissions are calculated, when they become earned, when they’re paid, how returns or cancellations are handled, whether draws are recoverable, and what happens after resignation or termination. Check amendments and acknowledgments as well as the main agreement.
What records may help?
Gather the signed plan, sales reports, account records, pay statements, calculations, emails about credit for sales, and separation documents. Create a transaction-by-transaction list showing the amount you expected and what was paid. An employment wages lawyer can help identify gaps in the record.
What if the employer changed the plan?
A change may require review of its timing, wording, notice, and effect on work already performed. Don’t assume a new plan automatically controls earlier transactions, and don’t alter original records.
How Fitapelli & Schaffer LLP can help
People concerned about commission terms and payments need an answer based on the agreement and facts. Fitapelli & Schaffer LLP can review the records and discuss possible next steps during a free, confidential consultation.
This page provides general information, not legal advice. Reading it or contacting the firm doesn’t create an attorney-client relationship. Prior results don’t guarantee a similar outcome.

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