Unpaid Commission and Bonus Disputes

If you work in sales, finance, or another performance-driven field, your commission or bonus isn’t just a perk—it’s a major part of your income. When an employer refuses to pay what you’ve earned, it’s not just unethical—it may be illegal. At Leeds Brown Law, we help employees in New York recover unpaid commissions and bonuses through aggressive legal action.

When Is a Commission Legally Owed?

Under New York Labor Law, if a commission or bonus is agreed upon and the conditions to earn it have been met, the employer cannot withhold it. This applies whether your pay agreement is in a formal contract, outlined in a commission plan, or detailed in company policy or email correspondence. Commission is typically earned when:

• You close a sale or bring in a new client
• The customer signs a contract or pays an invoice
• You meet quarterly, annual, or performance metrics that trigger payment

Common Scenarios Where Disputes Arise

• You’re terminated right before your commission is set to pay out
• You hit your sales target, but your employer changes the policy retroactively
• Your employer claims a deal “didn’t qualify” without a clear reason
• You’re denied a discretionary bonus you’ve received regularly in the past
• Your incentive plan is vague or never provided in writing

While some bonuses may be discretionary, many are based on performance and are enforceable once earned.

New York Laws That Protect Employees

New York has some of the strongest wage protection laws in the country. Relevant legal protections include:

• New York Labor Law (NYLL): Protects workers from wage theft, including earned commission and bonus nonpayment.
• New York Wage Theft Prevention Act: Requires employers to provide written notice of pay, bonuses, and commission structure.
• Employment Contracts and Offer Letters: May be enforceable in civil court if they detail how and when bonuses or commissions are earned.

What to Do If You’re Denied Your Commission or Bonus

1. Gather documentation: Commission plans, contracts, emails, dashboards, or screenshots proving performance.
2. Track communication: Save texts or messages where you inquire about payment or your employer acknowledges what’s owed.
3. Understand your plan: Know when your commissions are “earned,” when they vest, and when they are supposed to be paid.
4. Consult an attorney: Don’t wait too long—New York has strict deadlines for filing wage claims.

Can You Sue for Unpaid Commission?

Yes. If your employer refuses to pay you earned commission or bonuses, you may be entitled to sue for:

• Full payment of the commission or bonus owed
• Liquidated damages (up to 100% of the amount owed)
• Interest on unpaid wages
• Attorney’s fees and costs
• Additional damages in cases of bad faith or retaliation

Many of these cases settle once the employer is confronted with evidence and legal representation. Others result in favorable court decisions with substantial awards.

Industries Where This Happens Often

Our firm sees commission and bonus abuse most frequently in:

• Real estate
• Tech and SaaS sales
• Finance and banking
• Recruiting and staffing
• Insurance and brokerage firms
• Retail management

However, any employee with a variable compensation plan can be vulnerable.

Leeds Brown Law Can Help

We’ve represented employees who were denied thousands—sometimes millions—in unpaid performance-based pay. Our attorneys are aggressive, thorough, and results-driven. We know how to read contracts, interpret sales agreements, and challenge shady policies. If your commission or bonus was earned, you deserve to be paid. We can help you enforce your rights and hold your employer accountable. Whether through direct negotiation or litigation, we pursue every available remedy to recover your earnings.