Unpaid Commissions Lawyer in Chicago
Sales employees, account executives, recruiters, and other commissioned workers are often told that commissions are “not earned” after termination. In many cases, that is not the end of the analysis.
Employers cannot avoid paying earned compensation by re-labeling it as discretionary or conditioning payment on continued employment. If your commissions were withheld, you may have a claim under Illinois law.
If your employer failed to pay earned commissions, contact us for a free case evaluation.
Call
(312) 663-1560.
Commission Claims Under the IWPCA
The Illinois Wage Payment & Collection Act (IWPCA) governs the payment of earned compensation, including commissions. Whether a commission is “earned” depends on the written agreement and compensation plan.
Employers sometimes rely on technical language in compensation plans to deny payment. Those provisions must be reviewed carefully in light of Illinois law.
Typical Unpaid Commission Scenarios
- Refusal to pay commissions after termination
- Changing commission formulas mid-cycle
- Reclassifying earned commissions as “bonuses”
- Withholding commissions pending customer payment
- Chargebacks or deductions not authorized by agreement
“Must Be Employed to Be Paid” Provisions
Many compensation plans state that an employee must be actively employed on the payout date to receive commissions. Whether such provisions are enforceable depends on the facts and the specific agreement language.
Commission disputes often turn on contract interpretation, company practice, and whether the compensation was already earned at the time of separation.
Related Wage Claims
Commission disputes often overlap with
final paycheck claims,
unpaid overtime,
and
retaliation claims.