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Hurwitz Law | Employment Law Attorneys

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Get The Unpaid Sales Commissions You’ve Earned – We’ll Help You Fight For Them

We at Hurwitz Law PLLC love sales commission cases. Employees often find themselves struggling to understand vague and complicated compensation or commission plans that do not clearly explain what commission pay obligations are. Ambiguity in the contract can jeopardize your hard-earned pay.

Indeed, we represent many employees who are denied commission pay based on loopholes in the policy or contract. When that happens, you need to consult with an attorney who has both drafted and litigated commission pay plans. Indeed, many attorneys draft commission plans, but they do not know how to litigate the issue when there is a problem.

How We Can Help You Recover Unpaid Commissions

At Hurwitz Law PLLC, we have experience drafting commission plans for employers and assisting employees with collecting rightfully owed commission payments. We break down the contract by the sentence to extract meaning from the agreement and make the best arguments for why you are owed money. When we are contacted about a commission pay issue, be prepared to do the following:

  • Provide us with a copy of the policy or contract.
  • Make an outline of all the sales you have procured.
  • Explain how you believe the compensation or commission plan should work, and
  • Collect all documentation and company emails that discuss whether you will be paid commission.

Do not wait until you are no longer working for a company to engage an attorney with specific employment law expertise and the ability to evaluate your sales commission issue.

Frequently Asked Questions On Unpaid Sales Commission

Below are the most common questions we receive, with clear answers to help you understand unpaid sales commissions. 

What steps should I take if I suspect my employer is withholding my sales commissions?

If you believe your employer is withholding your sales commissions, it is essential to act quickly but carefully. First, review your employment contract, commission agreement or company policy. Look for language that outlines when commissions are considered earned and payable.

Once you have that information, take the following steps:

  • Document everything: Keep records of your sales, emails, pay stubs and any communication regarding commissions.
  • Request clarification in writing: Ask your employer or HR to explain why commissions were not paid. Do this professionally and keep a written trail.
  • Talk to a lawyer: If you are not getting clear answers or believe your rights are being violated, consult an employment attorney experienced in commission disputes.
  • File a claim: File a wage complaint with the Michigan Department of Labor and Economic Opportunity (LEO). This state agency handles wage disputes, including unpaid sales commissions.

Taking action early gives you the best chance of recovering your unpaid earnings.

Is it legal for my employer to change commission structures retroactively?

Generally, employers are not allowed to change commission structures retroactively, especially if the commissions were already earned under a prior agreement. 

A change can apply to future sales, but modifying terms after the fact may violate wage laws or breach the employment contract. For a commission policy change to be legal, it usually must:

  • Be communicated clearly to employees ahead of time
  • Apply only to future sales or future work
  • Comply with state and federal wage laws

If your employer attempts to apply changes to commissions already earned, that could be grounds for legal action. We can review your case and help protect your rights. 

Can my employer retaliate against me for pursuing my earned commissions?

No, it is illegal for an employer to retaliate against an employee for asserting their right to earned wages, including commissions. Retaliation can take many forms:

  • Termination
  • Demotion or pay cut
  • Threats or harassment
  • Reduction in future sales leads

If you experience any of these actions after asking for your commissions, you may have a retaliation claim in addition to your wage claim. Document every incident and contact an employment lawyer immediately.

Discuss Your Options With Us Today

If you find yourself with any questions about sales commission pay, please contact us by calling 844-HURWITZ or complete our online form. We can help!