Simple questions deserve simple answers. Unfortunately, in the case of employee departure policies, the question stated above is not as simple as it appears. Like much in law, it depends on the facts, and different facts sometimes mandate different outcomes. And, when an employee who works in exchange for bonuses and/or commissions is terminated before payment, the cases answering the question “what happens?” offer different answers. The goal is to find a case which gives the answer you want to your questions and then argue that your situation is more like that case than the cases giving the opposite answer.
Archive for June, 2009
Departure Policies: What Happens if You Are Fired before Your Bonus/Commissions are Paid?
Thursday, June 11th, 2009
Getting Your (Wages) Due: South Carolina Law Protects Employees’ Right to Get Paid x 3
Thursday, June 4th, 2009As the money pie shrinks, some companies decide to cut their employees pay. Less scrupulous companies actually try to cheat their employees by not paying them what they owe them. South Carolina law provides a way for employees to get paid the wages, salary, and/or commissions owed to them. South Carolina Code § 41-10-10 (and the sections which follow) requires employers to pay employees “wages due” on their regularly scheduled pay day. If an employer refuses to pay you what you are owed, the law provides a remedy. First, you are entitled to collect every penny you have earned. Second, the law provides that unless your employer had a “good faith” reason for not paying you then not only can you collect the amount owned, but the court may triple that amount (“treble damages.”) In addition, an employee can recover her reasonable attorney fees. (more…)
