Do you have an unpaid sales commission dispute in the State of Oregon?
As an employee incentive, several employment sectors pay commissions on sales, either by creating commission-only roles or by increasing an employee’s regular wage with the ability to earn commissions. These occupations can range from selling automobiles to marketing medicinal items to selling high-end real estate.
Sale Commissions Agreements and Disputes
Employees who are paid through sales commissions generally have a contract outlining the terms of their compensation in writing. The percentage or quantity of the sales commission is also included in this section, as well as how to earn it. For example, if there are performance standards or quotas for a commission, such conditions must be strictly outlined in the agreement. Problems might arise if the provisions are not adequately defined.
You must be fully aware of your legal rights to claim unpaid sales commissions when taking a commission-based position. Depending on the law in Oregon and the agreement you have with the employer, your rights may be drastically affected when claiming the unpaid sales commissions.
Evidence of communication in the absence of a contract
To find out if you are owed the disputed commission amount, you will need proof of other contacts between you and your employer if there is not an employment contract or its contents are ambiguous.
For example: If the buyer has not paid yet, your employer may deny paying the commission they owe to you if you approach them about it. However, this denial could be proof that your employer owes you a commission, even if there is no explicit contract term requiring them to pay you the commission.
Employee Laws on Commissions
Payment of commissions may or may not be upheld by Oregon law and the decision of which would be based on specific terms of your employment contract. Unpaid sales commission disputes are frequent. For example, when an employee leaves their position at a company and does not receive their earned commissions, this often leads to an unpaid sales commission dispute.
Unless explicitly stated in the employment contract, an employer cannot keep employees earned but unpaid commissions after they leave their position. An employer can also be required by Oregon law to pay the terminated employee’s commissions if the termination is solely for financial reasons. Severance agreements can differ in how they address legally earned sales commissions, as well as the conditions under which the employee leaves the workplace.
Keep all employee handbooks, employment contracts, and conversations with your employer regarding unpaid commissions for proof in case of a disagreement, regardless of the circumstances. A commission-based position, or one in which you are about to leave a commission-based job, will necessitate this information if your employer fails to pay the commission that you earned. An employment lawyer will also need this information to help you figure out the best course of action to take.
Read more on Oregon wage claims.
Make an Appointment with a Proficient Employment Law Attorney Right Now!
An experienced Oregon employment attorney can help you understand the law around commissions and represent you in court if you have any issues regarding unpaid sales commissions. Contact our experienced employment attorneys at Meyer Employment Law to help you with any issues arising out of unpaid sales commissions.
Oregon Attorney, Robert Meyer