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What to do if your employer won’t pay your commission

On Behalf of | Oct 28, 2024 | Employment Law

Commission payments can make up a large part of your income, so it’s very frustrating if your employer refuses to pay. If this happens in Illinois, you have options to get what you earned. 

Check your employment contract

The first thing to do is review your employment contract or agreement. Look for details about commissions, including when they are due and under what circumstances they are paid. The contract might also list conditions you need to meet to earn the commission, like hitting sales goals or closing deals. Make sure you understand these terms clearly.

Talk to your employer

Next, try to resolve the situation directly. You can start by talking to your manager or the person responsible for payroll. Stay calm and professional during this conversation. Explain why you believe you’re owed the commission and present any supporting evidence, like emails or sales records. Your goal is to show that you’re entitled to the payment.

File a complaint with the Illinois Department of Labor

If discussing the issue doesn’t work, you can file a complaint with the Illinois Department of Labor. The state provides a formal way for employees to recover unpaid wages, including commissions. Fill out the proper forms, and the department will investigate the situation. They will contact your employer on your behalf and could help recover your commission.

Consider small claims court

If the amount owed is less than $10,000, you can file a case in small claims court. This option lets you present your case in front of a judge without much legal expense. Gather as much documentation as possible, like your employment agreement, communication records, and any other relevant proof that shows you earned the commission.

When your employer refuses to pay your commission, it’s important to know you have ways to get what you’re owed. With persistence, you can fight for your rights as an employee.