If I’m being paid by commission only paid, how can I track whether or not I’m being properly paid?
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If I’m being paid by commission only paid, how can I track whether or not I’m being properly paid?
I am a Sales Manager, paid by commission only, and have no access to be able to track or confirmation, how or even if, my commissions from my sales contracts are being paid. The contracts are paid by the customer either on a monthly basis, every 2 months, etc. based on the contract but I have no way of knowing or tracking when or even if the payments are made, which I receive a commission from. I have a strong feeling this is not legal for the company do that…please confirm, and what recourse can I have when I’m simply handed a check once a month with no explanation how it breaks down and no access to the system or my customers to track it myself?
Asked on August 19, 2016 under Employment Labor Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It is completely legal: there is no requirement that an employer affirmatively provide proof, evidence, confirmation, etc. of payments to commissioned employees--that is, not unless an employee has a written contract requiring this. If you suspect you are being underpaid, your only recourse would be to sue your employer; in the course of the lawsuit, there are legal processes ("discovery") you could use to get access to this data, but you can only use them if you sue. And if you sue and the employer was paying your properly, you will incur the cost of the lawsuit and undoubtedly lose your job for not good reason.
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