Does My Boss Have to Pay Me Commission?

 Posted on December 28, 2025 in Wage & Hour Violations

Many workers earn all or part of their income through commissions. When you work hard to close deals, you should expect to receive the commissions you earned. However, employers sometimes withhold commissions or refuse to pay commissions after termination.

If your employer is not paying you the commission you earned in 2026, you may have legal options to recover that money. Our Silver Spring, MD employment law attorneys help employees recover wages, commissions, and fight against being fired wrongfully. Se habla español. 

Who Is Entitled To Receive Commission Pay in Maryland?

Whether you are entitled to commission pay depends on your employment agreement and the promises your employer made to you. Commissions are not automatically required by law for most jobs. Instead, your right to commission pay typically comes from:

• A written contract

• An employee handbook

• A commission plan document

• Verbal promises made by your employer

Under Maryland Code Labor and Employment § 3-502, your employer cannot withhold wages you have earned, and commissions are considered wages under Maryland law.

Some employers try to avoid paying commissions by keeping commission agreements vague or refusing to put the terms in writing. Even without a written contract, you may still have rights to commission pay if your employer made clear promises or has a pattern of paying commissions in a certain way. 

Do I Still Get My Commission If I Get Fired?

One of the most common commission problems happens when an employee gets fired before getting paid. Many workers wonder whether getting fired means they lose commissions they already earned.

The answer depends on the language in your agreement and the timing of your termination. If you earned a commission before your termination date, meaning you completed all the work required to earn that commission, you generally have a right to be paid even after you leave the company.

For example, if you closed a sale in January but your employer fires you in February before paying the commission, you should still receive that commission. You did the work that earned the commission while you were employed. 

Some employers also try to avoid paying commissions by terminating employees right before large commission payments are due. Maryland law prohibits employers from terminating employees in bad faith to avoid paying earned compensation.

When Does My Employer Have To Pay My Commission?

Maryland law requires employers to pay wages on a regular schedule, typically at least twice per month. However, commission payments often follow different timing rules than regular wages.

Your commission agreement should say when commissions will be paid. Common payment schedules include:

• Monthly

• Quarterly

• After the customer pays

• When specific conditions are met, such as project completion 

Employers must pay all earned wages, including commissions, by the next scheduled payday after the wages were earned. If your commission agreement says commissions are paid quarterly, your employer must pay them on or before the quarterly payment date.

If you leave your job or are fired, Maryland law requires your employer to pay all earned wages, including commissions, by the next regular payday. 

What Can I Do If My Boss Won’t Pay My Commission?

If your employer is withholding commissions you earned, you have options. 

File a Wage Complaint 

You can file a wage complaint with the Maryland Department of Labor or pursue a lawsuit in court to recover unpaid commissions.

Work with an Attorney

Maryland law allows employees to recover unpaid wages plus penalties and attorney fees in successful cases. This means your employer may have to pay more than just the commission amount if a court finds they wrongfully withheld your pay.

Call A Silver Spring, MD Employment Law Attorney Today

If your employer is not paying commission you earned, you do not have to accept this treatment. Our attorneys are dedicated to representing employees in disputes with employers. We have extensive appellate experience fighting for worker rights.

The Washington D.C. employment law lawyers at Melehy & Associates LLC get results for employees facing commission disputes and other workplace violations. Contact Melehy & Associates LLC at 301-587-6364 today for help making sure you get paid what you earned. 

Se habla español.