Legal Question in Employment Law in Maryland

Quick question for you. I work as a doctor. I signed a contract with my employer that stated that I would receive $2.00 per patient for every patient that I see. She described this as an incentive bonus. Unfortunately, I had to resign 9 months into my second year of employment. My employer will not pay me the bonus for my second year. I thought that this bonus was considered non-descretionary and she would have to pay this regardless. Can you help me with an answer?

Asked on 2/10/11, 10:13 am

1 Answer from Attorneys

Jay Holland Joseph, Greenwald & Laake, P.A.

Hello Dr.

Generally, a mathematical and agreed commission, is non-discretionary, and must be paid by the employer, as long as the employee has fulfilled all of the requirements to earn the commission, under Maryland law. It is generally not a defense to such a claim, for the employer to state that the employee was no longer employed at the time the employer would pay out the funds. Under the Maryland Wage Payment and Collection Act, commissions are considered wages, and must be paid timely or upon demand, and failure of the employer to pay upon demand can subject the employer to additional penalties, including up to three times the wages owed and attorneys fees.

I hope this response was helpful.

DISCLAIMER: Please be advised that the response to this question is general and not specific to your situation, and does not constitute formal legal advice and does not establish an attorney client relationship.

Jay P. Holland, Esq.


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Answered on 2/10/11, 10:36 am

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