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Law Offices of Jonathan M. Cooper

Q:
What should I do if my former employer refuses to pay me commission for deals that I negotiated following the termination of my New York contract?

A:

Employment contracts do not always involve a mere straight salary that is easily pro-rated through the time of termination. Instead, many agreements involve the payment of commissions or bonuses. In some cases, these commissions or bonuses might not become due until after the New York contract has already been terminated. What should you do if you find yourself in this position and your former employer refuses to pay you?

A similar situation was recently described in a lawsuit filed by Stephen King’s former attorney pertaining to commissions associated with deals that he negotiated that have not yet been completed. In an effort to collect the commissions he believes he is owed, the attorney filed a New York breach of contract claim. If you are in a similar position, take the following steps:

  • Contact a New York breach of contract attorney immediately. You need to act quickly to protect your legal rights.
  • Gather copies of the contract and all supporting documentation for your attorney’s review.
  • Assess whether the terms of the agreement are clear or ambiguous as to the payment of commissions earned after termination.
  • Consider the intent of both parties relating to the commissions.
  • Consider filing a claim for breach of contract against the former employer for failure to pay the commissions.

Time is of the essence with regard to any potential claim for breach of contract. It is therefore vital that you contact an experienced New York business litigation attorney today who can advise you as to your best course of action. To learn more, call our office now at (888) 497-3410. We are pleased to offer a free consultation.