Dallas, TX asked in Contracts, Employment Law and Business Law for Texas

Q: I quit my job, can my previous employer withhold earned commission?

I quit my job as a B2B sales rep for a franchise. I gave a week notice ahead of time, I had one paycheck that was supposed to have an added commission of about 3k from the previous month’s sales. However the commission did not show up on my paycheck. My previous supervisor informed me that the owner “decided not to pay it out because he’s not happy with the work done after auditing your email”

Is this legal? If I had not quit then I would have the commission. I was informed of what my commission would be and for what sales a month before this.

We also had an employment agreement signed by both parties outlining my payment schedule including commission.

Any help appreciated.

1 Lawyer Answer

A: No, you can file a wage & hour claim with the TWC for any commissions you earned which were not paid.

1 user found this answer helpful

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