Commission Agreements In Illinois
There are lawyers in Illinois who often handle these cases and who are experienced in getting their clients what they owe. Whether you`re looking for a lawyer in Chicago, Springfield, Rock Island or Carbondale or somewhere in between, we can help you find someone who has the right experience to help you. Lawyers in these cases calculate on a percentage basis, which means that there are no fees in advance, but a fee at the end based on what the lawyer is able to get for you. If you have any questions about your commercial contract or the collection of unpaid commissions, please contact us. It`s free and confidential. In this case, Office Depot`s commission agreement indicated that, although the commissions were collected in the billing for the sale, they were actually earned only on the date they were paid to the employee. Under this system, employees generally received their payment approximately 45 days after the end of the sales quarter. (Commissions have been established quarterly.) The Seventh Circuit Court of Appeals recently ruled that Illinois employers could reconcile „drawings“ in Illinois without fear of class action under the Illinois` Wage Payment and Collection Act („IWPCA“). This decision of 23 September is a reasonable one that judges and is good for employers as well as for employees. Illinois employers have the flexibility to advance sales designs and reconcile them later. The tile store, LLC, is a dealer specializing in ceramics and stone tiles. Like many Illinois employers, it offers payments identical to their mandated salespeople. The tile store paid its salesmen twice a month for a $1,000 „draw“ even though the employee earned less than $1,000 in sales commissions.
The tile store restored all deficits between actual commissions earned and the draw in subsequent salary periods of $1,000, provided that its salespeople earned more than $1,000 in subsequent salary periods. In calculating this exemption, tips are never considered commissions. Furniture sellers for OfficeMax were paid in full in commissions in accordance with the company`s written compensation plan. The general directive was that commissions were earned if the debitor paid or 90 days after the debitor billed. The plaintiff negotiated a better agreement: she earned commissions immediately after the billing. OfficeMax paid monthly commissions. Given the absence of Illinois jurisprudence in this case, the court predicted how the Illinois Supreme Court could rule on this issue. He turned to the usual meaning of the terms „commission“ and „bonus“ as well as the main features of the plan, only to find that incentive payments were in fact better regarded as commissions.
The payments were a mandatory compensation for the services provided, calculated at a specified turnover rate and representing more than two-thirds of the applicant`s compensation. In addition, Office Depots its own language has its own language its raison d`être. When she initially communicated the plan to employees, she characterized the commission payments as commissions. The Fair Labor Standards Act (FLSA) does not require commission payments, so employees cannot assert their right to a commission by going to the federal authority that enforces flSA or goes to court under the FLSA. This does not mean that you are completely out of luck if you have not received the commission that was promised to you, as you may have the contractual right to collect the commissions you have earned. Unfortunately, these questions were not answered or discussed in Office Depot.