How Do I Collect Unpaid Commissions Owed To Me?

Many employers choose to pay their employees’ wages as commissions earned as a percentage of the value involved in a commercial transaction.  Simply put, an employee can earn a piece of whatever they are selling.  Usually there is a governing document that dictates how these commissions are calculated and therefore how the employee can expect to be paid.

However, sometimes there is a dispute about what should be paid to an employee who is separating from the company.  Commissions, bonuses and deferred income are wages and must be paid to you when they routinely would be paid, even if you are no longer on the payroll.  In Maryland, employers who refuse to pay commissions and other wages may have to pay damages that include triple the amount owed plus your attorneys’ fees. Washington, DC has comparable protections but you should always seek the advice of a licensed attorney in your area to find out what specific regulations apply for your jurisdiction.

In Maryland and DC, if you did the work that lead to the commission, you are still entitled to it even if you are no longer with the company.  Beware the employer who tells you that you must be employed to receive your commission wages as this could be illegal.

If you believe you are owed commissions or that your former employer is withholding other wages you’ve earned, you should first gather together the governing documents (any agreement, pay policies, employee handbook, etc.) along with your pay stubs and other wage documentation to determine a general idea of how much you are owed.   Sometimes these computation structures can be difficult to calculate so seeking the advice of a legal or financial professional can be useful in this regard.

Neil Henrichsen, Esquire, is an AV Rated attorney and has over two decades of experience aggressively handling cases dealing with the recovery of unpaid commissions for his clients.  Where unpaid commissions have not been resolved by pre-suit negotiation, Mr. Henrichsen has prosecuted claims in numerous courts for his clients.  As lead counsel in a jury trial in the United States District Court, Mr. Henrichsen was able to recover a $1.1 million judgment on behalf of a commission sales executive for non-payment under a sales commission plan.

The firm utilizes results oriented contingency or hybrid attorney fee arrangements to allow the pursuit of commission claims for sales executives throughout the Washington, DC Metropolitan area, Florida and the New York/New Jersey Metropolitan area.  Henrichsen Siegel, P.L.L.C. can review your specific unpaid commissions matter for potential representation under an alternative fee arrangement.  Henrichsen Siegel attorneys are licensed in Washington, DC, Florida, Georgia, Maryland, New York, New Jersey and Virginia, with offices in Washington, DC, in Miami, Daytona Beach and Jacksonville, Florida and New York, NY.  Contact Neil L. Henrichsen regarding your specific situation at nhenrichsen@hslawyers.com.