Stillwater, OK asked in Employment Law for Oklahoma

Q: Can an employer refuse to pay me commissions I have already earned if I leave the company?

I have now been offered a job with a different employer and I have accepted the new position so can my current employer not pay me not only what has already been completed and just waiting on the customers to close out their purchase orders but also the sales that I made but the devices are still being repaired? I am including the email my supervisor sent discussing this issue with me last week. Also, there is nothing in the company policy to say either way.

Congratulations on the new position.

For commission for the TRD sales, the commissions are paid only while a current employee of TRD. However, since you are moving to our “sister” company we will make a onetime exception.

Normal rules apply, but we will pay commission as normal to you for those STR devices (once they are paid by the customer and transaction complete) that have already been repaired (provided commission hasn’t

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1 Lawyer Answer
Kyle Persaud
Kyle Persaud
Answered

A: The answer to this question depends on the contractual agreement between you and your employer.

"Contractual agreement" can include written contracts, but, under certain circumstances, verbal statements by you or your employer, or action by you and your employer, can also be part of the contractual agreement.

You have only submitted a portion of the e-mail from your employer.

If you are able to scan and send the entire e-mail, and also scan and send all written agreements between you and your employer, and also describe any conversations you had, between you and your employer regarding commissions, then I might be able to answer your question.

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