Category Archives: Legal Questions & Answers
How do I know when I have a claim for unpaid commissions?
Attorney Answer: This is where there’s been a great deal of litigation. The Wage Act statute states that an employer violates the Wage Act where it fails to pay commissions that have been “definitely determined”. That phrase leaves a great … Continue reading
My employer discharged me without paying me a bonus. May I sue under the Wage Act ?
Attorney Answer: No. Bonuses are specifically exempted from the Wage Act. However, if you were terminated under circumstances where the employer got out from under having to pay a substantial bonus, you may have a claim against the employer for … Continue reading
. Can my employer retaliate against me for complaining internally that I was not paid my salary or commissions?
Attorney Answer: No, and in fact, I can claim some credit for establishing this precedent. In a 2003 case, Dobin v. CIO View Corp., in which I represented a fired employee, a Superior Court judge ruled that an employer cannot … Continue reading
Is there anything I need to do prior to suing my former employer for unpaid salary or commissions?
Attorney Answer: Yes. Under applicable law, you cannot sue your employer unless you first file a “Non-Payment of Wages Form” with the Massachusetts Attorney General’s office. That office will typically issue you a “right to sue” letter, which will then … Continue reading
Do I waive my right to sue my employer?
Additional information: My former employer just sent me a check and marked “Final payment” in the memo. I believe my employer owes me more than the amount it sent me. If I deposit the check, do I waive my right … Continue reading
