A commission dispute will likely occur if there is no existing contract between you and your employer. But even with a contractual agreement that lays out your hourly rate or yearly salary, it is still possible, unfortunately, that you will not receive the payment that you and your employer agreed upon. If this ever happens to you, you must understand that there are laws and regulations in place that will help you fight back. Continue reading to learn what you should do if you are involved in a commission dispute and how an experienced New York wage claim lawyer at Bell Law Group can work on your behalf.
What laws and regulations support my commission dispute?
You must know that, as a protected employee, you have the right to request the full amount of payment for the hours you worked. Notably, there is the Fair Labor Standards Act, which protects you from poor wage practices. More specifically, this allows you to recover your agreed-upon wages that your employer contractually approved, whether you remain working or at the time of your termination. And so, if your employer fails to pay you the agreed-upon wages, then they may have to pay for any or all of the following:
- Up to two years in back wages.
- Liquidated damages of up to three times the amount of your back wages.
- Punitive damages.
- Attorney fees and court costs.
What action can I take if I did not agree to a wage?
Say, for instance, you are seeking to recover your unpaid commissions, yet you and your employer never agreed upon a definite price. In this case, you may still file a claim under a theory of quantum meruit. This may be possible under any of the following circumstances:
- You and your employer contracted for work to be done, but you did not agree upon a price.
- The commission mentioned was too indefinite.
- There was a misunderstanding about the commission to be paid.
- The contract was void and of no effect.
What other remedies can I pursue if I am involved in a commission dispute?
Oftentimes, employees are hesitant to bring their claims forward for fear that they will be retaliated against. However, you must know that it is illegal for your employer to take adverse action against you for pursuing a wage and hour claim to receive back wages. Meaning, they cannot fire you, provide a negative reference for future employment, or otherwise.
With that being said, we encourage you to fight for the commission that you rightfully earned. You may fight for your unpaid commissions individually, jointly, or as a collective action. But remember, the statute of limitations in New York State is generally six years from the date of the incident.
Without further hesitation, contact a skilled New York wage and hour lawyer for your confidential, free strategy session. We will help you take the steps toward recouping your losses.
