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How do the Final Paycheck Laws Affect Employees Paid on Commission?

Whatever the reason for your separation from employment, you are entitled to your final paycheck.  If you are terminated (for cause or otherwise), you should be paid on the day of termination.  If you resign voluntarily, you should be paid the full amount in the next regularly scheduled payroll.

This can get tricky with commission-based employees, and will depend on when you "earned" your commissions under the employer's commission policy.

If there is no written policy, you should be paid commissions on any sales you made- "sales" meaning the customer agreeing to purchase, regardless of the timing of invoicing or payment- as of your last day of employment.

If your employer has a written policy that defines the trigger for commissions by some other event (invoicing, shipment, payment), what you are owed at termination may require a closer review by an employment lawyer.

Even though your employer can define by policy when commissions are earned, they cannot enforce a policy that states you forfeit earned commissions if you are not still employed on the date of the scheduled payout.


Learn more here about commission pay under the Massachusetts Wage Act.

Need Help With a Commission Payment Issue?

Call (781) 784-2322
OR
Schedule a Free Information Call
When should I be paid commissions?

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  • Home
  • About
    • Reviews
    • Slnlaw Offices
    • Blog
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Employment Law Solutions
  • Estate Planning
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs