Under Massachusetts law, employees are entitled to their commission if at the time of the termination, the commission is calculable and all of the requirements to close the sale have been completed.

A commission plan that states the employee must be employed when the commission is paid may not be enforceable and cannot be relied upon to avoid paying earned commissions. A company’s failure to pay an employee for earned commission at the time of the employee’s termination is a violation of the Wage Act and entitles employees to triple damages and attorney’s fees.

If you believe you have not been properly paid your commission or other earned wages, you should contact an attorney to discuss your situation.