W2 Employee Paid A Bonus - Can I Leave?
First let me start by saying I have a great relationship with my employer, have been here a long time but just want to know if something changes what my legal rights are.
I am a W2 employee, no contract (no signed non-compete) and am paid no salary, only a bonus which is directly based on commissions I generate for my firm. When we sell a product, most of the commissions are paid over 12 months. So if we sell something today for $1200 I will get $100 a month for the next 12 months.
My question is, if I leave are they obligated to continue to pay me out on the business that is already paid? I have 2 grounds to stand on I think.
1, In the past when employees have left, they have all been paid out their future commissions. But no one who has left has ever left and gone to a competitor. Again, I'm not planning to do this, but if I leave I certainly might. But I would think the established pattern of paying out past employees is in my favor.
2, Doing some research it looks like Weiner v. Diebold Grp supports my inclination that they would have to pay me out based on an established pattern.
I have talked to my attorney who agrees they likely would have to pay me out based on past patterns, but he said if they just closed up shop and I had to sue, I would essentially be treated as a creditor in the back of the line, not treated as an employee who are supposed to be paid first. Thoughts?
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