How can I get my commision? Is this legal???

Question

I am a leasing consltant at a property in tx. I recently gave my notice at an apartment community and they sent me home. Now they are saying I do not get my commision for people that had already moved in before I quit. The week before I gave my notice I had to go see my grandma i NC. I came back two days earlier then I told them. I do not have any flight itenerary or any way to get it. They are saying that I have to provide flight iternerary in order to get my commisions, even though the two have nothing to do with eachother. I need help, my commision check alone was supposed to be 1200 dollars. I need this money to buy food for my child and to buy books for school. Please someone let me know if this is legal, or if there is a way to get flight itenerary. Thanks so much.

Answer 1

Commissions are one of the most problematic employment pay issues. Texas is an "employment at will" state, which means that you can be fired for "good reason, bad reason or no reason." There is a misconception that the employment at will doctrine means that you did not have a contract with your employer. This is not true. You have a contract -- though it was one that was terminable at the will of either you or your employer. The agreement is essentially that the employer agrees to pay you for work you perform at an agreed rate.

In your case, it appears that your employer paid you commissions on any rental that you made. With commissioned employees, the tricky part is figuring out when the commission is earned. If you earned the commission before your last day of work, you are entitled to your pay.

Go back and review how your commissions were figured while you were working. Were you entitled to a commission upon a tenant's execution of the lease? Or was it upon the tenant's move in? From your question, I'm assuming it was earned when the tenant moved in. If during the course of your employment your commissions (1) were considered earned when the tenant moved in and (2) the tenants in question moved in before you gave notice, then you should be entitled to the commission.

You can file a payday claim with the Texas Workforce Commission. Here's the link: http://www.twc.state.tx.us/ui/lablaw/pdlsum.html.

Answer 2

The airlines you flew may be able to help. How did you pay for the tickets (credit card?) I don't see how they can legally withhold money you are owed no matter what you did on days off.

Answer 3

Contact the airline and get a flight itinerary. It will be less hassle than going to court.

Answer 4

if you were not there you are not entitled to a commission!