Leaving Sales job with commission due ...

thos

Registered User
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151
Folks,
I work in a commission based sales role, and I'm thinking about handing in my notice, but I'm still due a decent amount of commission. I only get paid the commission once the customer has paid, so often there is a lengthly gap between closing the deal and actually getting paid. Anyone know if I have any claims to this money once I begin the proceedings to leave the company ?

Thanks.
 
What does your contract of employment say about such remuneration? Do you know of anybody who was through this in the past (leaving with commission due)?
 
Yes, you will be due any payments for work carried out while your current company employs you, even after you leave.
Read over your contract but even if this is not covered it changes nothing.
Ref ClubMan's post: I have had overseas sales people leave and have always paid all commission (and expenses) due.
 
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My contract is a 1-page document, very vague, barely any mention of notice period, let alone this circumstance.. The only person I'm still in touch with who has left, had to 'engineer' a leaving package to include commission due etc, but that was slightly different situation.
When I started, I received commission from deals booked by previous employees where I took over the account, so that's whats worrying me.
I expect to get into a bit of horse-trading with my employer, but need to know what my entitlements are.
 
Wow, the 'EU Commission' really screws up trying to search for anything 'commission' related ....

Cheers, I might get in touch with them.
 
"When I started, I received commission from deals booked by previous employees where I took over the account, so that's whats worrying me....."

It seems to me that you are right to be worried. If the employment contract is not explicit on the issue, we look at what is implied. What is implied by you having got these commissions is that the commission goes not to the employee who books the deal, but the employee who books the payment. If sales have gone up during your period, this will be harsh on you; but if sales are fairly static, then it would be wrong (in my opinion) for you to expect payment.
 
"When I started, I received commission from deals booked by previous employees where I took over the account, so that's whats worrying me....."

It seems to me that you are right to be worried. If the employment contract is not explicit on the issue, we look at what is implied. What is implied by you having got these commissions is that the commission goes not to the employee who books the deal, but the employee who books the payment. If sales have gone up during your period, this will be harsh on you; but if sales are fairly static, then it would be wrong (in my opinion) for you to expect payment.

I would agree with MOB on this. Did you not think of asking if you were entitle to receive the commission from a previous employee at the time. If that is the policy within the company why would you be now entitle to the commission when you are leaving?
 
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