Can an employer refuse to pay commissions ifan employeeis fired for cause?
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Can an employer refuse to pay commissions ifan employeeis fired for cause?
I live in NJ and was fired from a VT based company. My employment agreement states that I am due commissions (upon equipment shipment) for orders from my territory that have been entered and accepted. My agreement states that if I leave voluntarily I forfeit commissions due. If I leave involuntarily I am due commissions. They state that because I left involuntarily but for cause and am no longer an active employee, that I am not due commissions. I think they are wrong and I am due commissions.
Asked on January 8, 2011 under Employment Labor Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What you want here is for the terms of the employment contract to be read and interpreted by a third party. I would take it to an attorney in your are to review on your behalf. Without reading the agreement in its entirety and understanding the facts of the case it is difficult for one to state what outcome is most likely. For example, is there a provision in the agreement that discusses the issue of "cause" in leaving? For unemployment benefits it is likened to "through no fault of your own" alluding to being fired for cause. So get some advice an then decide your next course of action. Good luck.
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