Legal Question in Employment Law in Oregon

Threatening to withhold commission check after termination

I was a W-2, commission-only employee for a mortgage company. I signed a Loan Officer Contract stating that upon termination, payment for commissions due are paid at the end of the month. I was terminated after returning from vacation. My employer tried to reach me via email while I was on vacation (forgot I was on vacation). When I did not respond to the email in a timely manner, I received another ''Final Notice'' email warning me of my pending termination. Before I left on vacation, my employer informed me that they lost ALL of my New Hire paperwork. However, they seemed to have a copy of my resume, along with the form I signed authorizing them to run a background check. I went and picked up another New Employee packet to fill out and let Human Resources know that I would mail the paperwork to them. They claimed they never received the packet back. Now they tell me that since they do not have a complete and signed New Employee packet from me, there is no proof that I ever originated a loan for them and hence they do not have to pay me the commission owed on a loan I closed on 2/02/2006. Do they have the right to do this?


Asked on 2/14/06, 2:02 am

1 Answer from Attorneys
David Black HR Juris, PC

Re: Threatening to withhold commission check after termination

No. Regardless of their records, if you did the work, the employer must pay you as agreed or the employer will be liable for unpaid wages, penalty wages (up to 30 days worth) and attorney fees. You should contact an attorney to help you prosecute the claim.

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Answered on 2/14/06, 11:43 am


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