If you’re having trouble receiving commission payments from your employer or client in Westchester County, New York, it’s important to know your options. Employers are legally obligated to pay commissions as agreed upon, and if they withhold payment, it could be a breach of contract. Here’s how you can approach this situation and what steps you can take to claim what you’re owed.
Review Your Employment Agreement or Contract
Start by carefully reviewing any written agreements you have with your employer. Employment contracts, offer letters, and even company policies often outline commission terms, including payment schedules and qualifying conditions. These documents are legally binding, so if your employer isn’t following the agreed-upon terms, it could be grounds for a legal claim. Make sure to note any specifics about commission timing, performance metrics, or other requirements stated in the agreement.
Document Communications and Payment Delays
If your commission payments have been delayed or withheld, begin documenting every interaction with your employer or relevant HR personnel. Save any emails, text messages, or other communications where commission payments were discussed or promised. This documentation is crucial evidence if you decide to pursue legal action, as it shows a pattern of withholding or delay.
Consider Liquidated Damages
New York law sometimes allows employees to seek “liquidated damages” if an employer willfully withholds wages, including commissions. Liquidated damages are additional payments that can compensate for the inconvenience and financial impact of not receiving your commission on time. To qualify, you typically need to prove that the withholding was intentional or unreasonable. An attorney can explain whether liquidated damages apply to your case, as the requirements can vary.
File a Claim for Breach of Contract
If your employer refuses to pay despite your efforts, you may need to file a claim for breach of contract. This legal action holds employers accountable for violating the terms of your employment agreement. In addition to recovering unpaid commissions, a breach of contract claim can sometimes include compensation for additional financial losses caused by the withholding. Your attorney can advise on the best strategy for presenting your case and building a strong argument based on the contract terms.
Seek Legal Support from an Experienced Lawyer
Pursuing unpaid commission payments through legal channels can be complex, especially when dealing with breaches of contract and potential liquidated damages. A skilled employment attorney can help by reviewing your situation, determining your options, and representing you in negotiations or court if necessary. Hiring a knowledgeable lawyer, like those at Gash & Associates, P.C. in Westchester County, ensures that you’re not facing this challenge alone. They can help protect your rights, pursue compensation, and hold your employer accountable for any unfair treatment.
Why You Shouldn’t Wait to Take Action
Dealing with an employer withholding your commission can be intimidating, but acting quickly is often in your best interest. Delaying action may complicate your ability to recover payments or file a claim. Remember that you have rights under New York law, and there are resources and legal professionals who can help you pursue the payment you’ve earned. Taking the right steps now can protect your income and help secure fair treatment in your workplace. Call Gash & Associates, P.C. today at (914) 328-8800.
