Ballwin, MO asked in Employment Law for Missouri

Q: My 5 weeks salary was paid at base pay only when terminated. No commission. About 58% of total compensation. Legal?

Out of state company. I am remote sales in St Louis area. Terminated with out cause. Pay structure was base pay, commission and bonus. They paid on base pay only which was about 58% of what I feel I was owed. Policy calls for vacation being paid on pay rate. I say pay includes commission. Be a bit more than $5,000. Figure I might take them to small claims court.

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Chesterfield, MO
  • Licensed in Missouri

A: I suggest you confer with an attorney before filinig suit. Missouri has a great unpaid commission statute.

If you qualify under the statute and commissions are due, you might have a good claim for more than $5000. Without more details I don't know if you are entitled to more.

In addition, the problem with small claims court is that even if you have a trial and win your employer can then file for a trial de novo. A trial de novo is a complete do-over except that the rules of civil procedure apply. A trial de novo differs from an appeal to the court of appeals, where the appellant must show that the court committed reversible error.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

Main: (636) 537-4645

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