New Jersey Unpaid Commissions Lawyers
What you need to know about unpaid commissions in New Jersey
We understand the frustration of putting in the extra effort at work only to have your commissions withheld by your employer. In moments like these, you need to know what your legal options are in New Jersey and what to do next. The employment lawyers at Zipin, Amster & Greenberg know how to help. Let us show you what you need to know about unpaid commissions and how you can recover them.
What commissions are
Commissions are a lot like rewards from an employer for hard work with sales. Typically, an employee receives a specific amount of money for each sale they make.
Commissions may also be given based on a percentage of sales or a number of sales that an employee makes.
Most employers have established commissions agreements that spell out all of the details surrounding the calculation of commissions and how they will be paid.
Even with an agreement in place outlining the details surrounding commissions, some employers don’t pay employees what they should receive. If you have been denied your full commission, contact our New Jersey employment law firm today.
Is it illegal in New Jersey to not pay commissions?
For years, the unpaid commissions lawyers at Zipin, Amster & Greenberg have used state laws and statutes and federal employee protections to provide the best legal care for our clients.
We regularly use such laws as the New Jersey Wage Payment Law (N.J.S.A. 34:11-4.1 et seq. WPL) to show that it is illegal to withhold commissions earned by workers in New Jersey.
This law defines wages as “the direct monetary compensation for labor or services rendered by an employee, where the amount is determined on a… commission basis… and paid in addition thereto.” Therefore, failing to pay commissions is wage theft.
Our clear understanding of employment law is just one reason why we want victims of unpaid commissions to contact our unpaid commissions attorneys, who will provide clients with the legal assistance needed to receive full compensation.
What are the most common instances of unpaid commissions in New Jersey?
Any employees who receive commissions as part of their compensation can fall victim to unpaid commissions. Sales representatives, real estate brokers, and recruiters are especially common victims.
Our years of experience of handling employment law has also revealed that there are two common situations in which New Jersey employees aren’t paid commissions: employee misclassification and breach of agreements.
Companies often attempt to avoid paying commissions by misclassifying employees as independent contractors. New Jersey law, however, makes it illegal to misclassify employees as independent contractors. Even when an employee is properly classified as an independent contractor, New Jersey law still protects their commissions.
Other times, companies pay only part of the commissions owed, thus violating their commission agreement. In these situations, companies sometimes illegally terminate employees who complain about not receiving their full commissions. New Jersey law protects employees against both the withholding of any amount of commissions and illegal retaliation of employees who request full compensation.
Can I sue for unpaid commissions in New Jersey?
As we have established, it is illegal in the state of New Jersey to withhold commissions owed to employees. Because of this, the attorneys at Zipin, Amster & Greenberg want you to know that you can sue for unpaid commissions in New Jersey.
This is true whether you are an employee or independent contractor, since commission protections exist for both in New Jersey. This allows you to file a claim for compensation if you have a contract or agreement to receive a commission in exchange for your services. The unpaid commission attorneys at our firm are ready to help you with each step involved in your claim for unpaid commissions.
How to collect unpaid commissions in New Jersey
Our attorneys are here to use their years of experience with New Jersey employment law to help you take the most important steps to collect your unpaid commissions.
Any successful unpaid commissions case relies upon the agreements in place and demonstrating the work you performed but were not paid for. That means you should track the work you did for each sale or transaction you are involved in. From there, contrast what you received with what you should have received under your commissions agreement. Note any important details such as what role you played in the transaction and the sale’s importance to you and to your employer.
If you believe your unpaid commissions was the result of a simple mistake, it may be wise to first contact your employer to address the issue. Remain professional and cordial while communicating with your employer, remembering that any written or spoken communication may eventually be used in court.
If these efforts don’t result in your commissions being paid, then it’s time to contact the New Jersey unpaid commissions attorneys at Zipin, Amster & Greenberg to begin using the laws and protections for workers to receive everything owed to you.
Unpaid Commissions Lawyers with the experience you need
For nearly a decade, our unpaid commission lawyers at Zipin, Amster & Greenberg have landed millions of dollars for our clients in settlements and awards. This is thanks to years of insights and experience from practicing New Jersey employment law. Let us fight for you to receive justice with your unpaid commissions case.
New Jersey Unpaid Commissions Attorneys that get results
The unpaid commissions attorneys at Zipin, Amster & Greenberg understand every aspect of New Jersey employment law and know how to help you get what you are owed. Let us help you receive maximum compensation.