Columbia, MO asked in Employment Law for Missouri

Q: Am I still owed commission on completed orders after I resigned from my position? If yes, what would my next step be.

State: Missouri

No Contract

Resignation Date: 12/24/2020

Unpaid Commissions: Apprx, $33,346.95

Letter of Demand sent: 3/3/2021

Letter of Demand Received: 3/8/2021

Answer Received: 3/10/2021

-Letter requested payment for 2020’s 4th quarter commissions as well as all loads planned, scheduled and successfully delivered after resigning and was sent via usps certified mail.

-Pay stubs in hand that specifically state commission pay from 07/2016 until 12/2020

-Zero contract, but employer is basing the reason for nonpayment off of an unwritten and unsigned company policy.

Related Topics:
1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: Missouri has a wonderful unpaid commission statute. I like those cases because, assuming commission remains due, it continues to accrue until the case is concluded. Many Missouri attorneys who handle commssion cases do so on a contingency basis.

A written contract is a good idea but not legally required for a plaintiff to sue for unpaid commissions. "If there is no written contract, or if the terms of the written contract do not provide when the commission becomes due, or the terms are ambiguous or unclear, the commission shall be paid when the product or service is delivered and accepted by the purchaser or the principal receives satisfaction in full."

The statute defines commissions narrowly; therefore, not every percentage-based compensation qualifies under the statute. Your next step would be to contact an attorney experienced in suing for unpaid commissions. It's possible that you are sitting on a very good claim.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

www.sl-lawyers.com

Direct: (636) 733-6647

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