Unpaid commissions after leaving a job
You closed the deals, then you left the job. Now the commissions you expected are missing from your last check, or your former employer says you are not owed them because you are no longer on the payroll.
Whether those commissions are owed depends mostly on your commission agreement and your state’s wage laws. This explainer covers what to check, how several large states handle commissions, and the steps to take if payment is withheld. For the timing of your last regular paycheck, see our explainer on final paychecks. This is general information, not legal advice.
KEY TAKEAWAYS
- Whether you are owed a commission after leaving usually turns on when it was “earned” under your commission agreement.
- California and New York require written commission agreements. In New York, if the employer cannot produce one, the salesperson’s account of the terms is presumed correct.
- In Illinois, earned commissions are part of the final compensation due when you leave. In Texas, they are due as your agreement provides.
- Keep copies of your plan, sales records, and pay statements. Your state labor department can take a wage claim if commissions are withheld.
Start with your commission agreement
Most commission disputes come down to one question: when is a commission “earned”? The answer is usually in your commission plan, offer letter, or employment agreement. Look for:
- The trigger for earning a commission. Is it the signed contract, the shipped order, the customer’s payment, or something else?
- What happens when you leave. Some plans pay commissions on deals closed before your last day. Others require you to be employed when payment is made, or set a cutoff date.
- Draws and chargebacks. If you received advances against future commissions, or the plan lets the employer take back commissions when customers cancel, check how those are reconciled at the end of employment.
- How payment is calculated and when it is made, including any monthly or quarterly schedule.
If you do not have a copy of your plan, ask your former employer for one in writing. Some states require employers to provide it.
How state laws treat commissions
Commissions are generally treated as wages under state wage laws once they are earned. States differ on whether the agreement must be in writing and how commissions fit into final pay.
| State | Written agreement | After you leave |
|---|---|---|
| California | Required. It must explain how commissions are calculated and paid, and the employer must give you a signed copy. | If an agreement expires but you keep working under it, its terms are presumed to continue until it is replaced or employment ends. Final pay deadlines apply to earned wages. |
| New York | Required for commission salespersons, signed by both sides. It must explain how pay is calculated and how it is paid if employment ends. | If the employer cannot produce the written terms, the salesperson’s account of the terms is presumed to be the agreement. |
| Texas | No general written-agreement requirement in the Payday Law | Commissions are due under the terms of your agreement, and must be paid on time like other wages. |
| Illinois | Not required by the Wage Payment and Collection Act, but the terms of your agreement still control what is earned | Earned commissions are part of “final compensation,” due at separation if possible and no later than the next regular payday. |
Summary for employees as of October 2026. Independent contractors and sales representatives may be covered by different laws. Check the linked source or your state labor department.
- California requires commission agreements to be in writing, to explain how commissions are calculated and paid, and to be given to the employee as a signed copy. The employer must also obtain a signed receipt from the employee. Short-term productivity bonuses and some temporary incentive payments are not “commissions” for this rule.
- New York requires a written agreement for commission salespersons, signed by both the employer and the salesperson, that describes how pay is calculated and how it is paid if employment ends. Commission salespersons must be paid at least monthly, and no later than the last day of the following month. If the employer cannot produce the written terms, the salesperson’s account of the terms is presumed correct.
- Texas generally leaves the terms to the agreement. Commissions and bonuses are due under that agreement and must be paid on time, like other wages.
- Illinois includes “earned commissions” and “earned bonuses” in the final compensation due when employment ends.
These rules generally cover employees. Independent contractors and outside sales representatives may have different protections, and some states have separate laws for them.
Common reasons employers give, and what to check
- “You had to be employed on the payment date.” Check whether the plan actually says this, and whether the commission was already earned under the plan’s own trigger before you left.
- “The customer had not paid yet.” If the plan ties earning to customer payment, ask whether the customer has since paid.
- “Your draw exceeded your commissions.” Ask for the reconciliation in writing and compare it with your records and the plan’s terms.
- “There was no written agreement.” In states that require one, a missing agreement is the employer’s problem, not yours. In New York, it can shift the presumption in your favor.
Steps to take if commissions are withheld
- Collect your records: the commission plan, offer letter, pay stubs, commission statements, CRM reports, emails confirming deals, and any messages about your departure.
- Calculate what you believe you are owed, deal by deal, using the plan’s formula.
- Ask in writing. Send your former employer a clear request listing the deals, the amounts, and the plan terms you are relying on. Ask for a written explanation if they disagree.
- File a wage claim with your state labor department if the employer does not pay or respond.
- Consider small claims court or an employment attorney, especially for large amounts, complex plans, or disputes over deals that closed after you left.
Wage claims have filing deadlines that vary by state, so it is worth acting promptly.
Frequently asked questions
Do I get my commissions if I quit?
Often, yes, if the commissions were earned under your agreement before you left. Whether a commission was earned depends on the plan’s terms and state law, not just on whether you quit or were let go.
Can an employer refuse to pay commissions after I leave?
An employer generally cannot withhold commissions that were already earned. Disputes usually turn on whether the plan’s conditions for earning a commission were met before your last day.
Does my commission agreement have to be in writing?
In some states, yes. California and New York require written commission agreements. Other states, such as Texas and Illinois, generally rely on the terms of whatever agreement exists, written or not.
Are commissions included in my final paycheck?
It depends on the state and the plan. Illinois includes earned commissions in final compensation. In other states, commissions may be paid on the plan’s regular schedule after you leave.
Where do I file a claim for unpaid commissions?
Start with your state labor department, which typically handles wage claims. For larger or more complex disputes, an employment attorney can explain your options, including court.
Sources
- California Labor Code § 2751 (commission agreements)
- New York Labor Law § 191
- Texas Labor Code § 61.015 (commissions and bonuses)
- Illinois Wage Payment and Collection Act, 820 ILCS 115
- U.S. Department of Labor, Last Paycheck
More coverage is in our Work & Pay section. This article is general information, not legal advice. See our Legal Disclaimer. Spot an error? Read our Corrections Policy.
