What is the maximun time for an employer to issue your last paycheck after termination of a comission job?

Question

hourly rate jobs have 48 hours from termination to provide last pay check. what about comission sales jobs

Answer 1

I would say it should take no longer than 3-4 weeks.

Answer 2

In Louisiana it is 72 hours, not 48 for an employee. If you are being paid by commission you are probably considered an independent contractor and as far as I know there aren't any legal time frames. You would have a cause of action in a civil proceeding only according to whatever employment agreement you signed when you started.

If you are considered a statutory employee and not an independent contractor then you probably could fall under the 72 hour rule which gives you the right to seek treble (3x) damages against the employer for failing to pay you. But I doubt it!

One note, the 72 hours is only if you don't agree to wait to the next pay period. The employer would have to prove that you did agree and waived the 72 hours. They generally don't ask you, they just tell you that they will get the check to you next week. That isn't a waiver but most people not knowing that they are entitled to it sooner just go along! You will probably have to show that you demanded the check before the court will award the treble damages so whatever you do put it in writing!!!!!!!!!

Answer 3

If you were terminated because you were not performing your job properly, showing up late, missing work or any justified reason they have until the next regular pay period, this goes for any job hourly or commission. They do not have to give you your check in 48hrs that is wrong. If you are terminated like i was once without justifiable cause they have until the next pay period to pay the hours they owe you plus 2 weeks severance pay. Each case is different and the Labor bored will tell what you are entitled to.

Answer 4

Check your State Labor Code. In California, doesnt matter what the job is - you get your money immediately if you are terminated from an employer. 72 hours if you quit.

Answer 5

if you get fired they have to give it to you the same day or at least 24 hrs. My friend got fired and demanded her check becuase it is the termination process to prevent amgry employees from returning to the work place!!

Answer 6

Those types of things are generally state law related.