Legal Question in Employment Law in Oregon

Re: Unpaid Commissions Due

Your entitlement to be paid for commissions depends on when you become entitled to payment, which in turn depends on the nature of your contract with the employer. If the contract specifies when you are entitled to payment, it controls. If the contract says you are not entitled to commissions after termination, it probably controls (though there might be exceptions). If you have no specific written or oral contract, the employer's existing policies apply, which may be in writing or may be established by past practice. You also may have a claim based on the value of your services in certain circumstances. If you were entitled to be paid commissions at the time of your termination, you may become entitled to penalties, which can be as much as your daily rate of pay multiplied by 30. Certain prerequisites apply regarding the penalty.

The fact you were fired because your daughter exercised her right to claim unemployment benefits may give rise to a claim relating to the legality of your termination, although such a claim would require more analysis.

Craig A. Crispin

Crispin & Associates, Employment Lawyers

280 Plaza West, 9600 SW Oak Street

Portland, Oregon 97223-6585

Direct: 503.293.5759

Fax: 503.293.5766

The above does not constitute legal opinion and is offered for the

purposes of discussion only. The law differs in every jurisdiction, and

you should not rely on any opinion except that of an attorney you have

retained, who has a professional duty to advise you after being fully

informed of all the pertinent facts and who is familiar with the

applicable law.