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Unpaid commissions in Hawaii: earned is earned

Commissions earned before separation are wages and follow the same rule.

Employers usually argue the commission was not "earned" yet. The answer is in the plan's own words: if every condition the plan sets had been satisfied before you left, the timing clause moves the payment date, it does not erase the debt.

Statute
Haw. Rev. Stat. § 388-3
If fired
On discharge, wages must be paid in full at the time of discharge; if the discharge happens in conditions that prevent immediate payment, not later than the following working day (Haw. Rev. Stat. § 388-3).
If you resigned
An employee who quits is paid on the next regular payday.
Late-pay penalty
Hawaii's Wage Standards Division can order payment and assess penalties against the employer, but the statute does not give the employee a computable liquidated-damages multiple.
PTO
Hawaii requires payout of accrued vacation only where the employer's written policy creates the right.
Small claims limit
$5,000 for an individual
Last verified
2026-11-03 single source

What to put in the file before you write anything

  1. The commission plan or comp letter, including every amendment, and the exact definition of when a commission is earned.
  2. Deal records showing the sale closed, the customer paid, or whatever condition the plan requires.
  3. A calculation of each commission claimed, with the deal, the rate and the date the condition was met.
  4. Any email where a manager confirmed the amount — the most persuasive document in most commission disputes.

What the letter does that a phone call cannot

A demand letter fixes three things at once: the amount, the date each item was due, and the date the employer was on notice. Every forum that can help you — the Hawaii Department of Labor — Wage Standards Division, a small claims judge — starts from those three facts. The letter is built from Haw. Rev. Stat. § 388-3 and your own figures, so the deadline it states is the one that applies to your separation, not a generic thirty days.

If the amount fits inside $5,000, small claims court is usually faster than an agency queue; if it does not, the agency route and a demand first is the cheaper path.

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Questions

Are commissions wages in Hawaii?

Commissions earned before separation are wages and follow the same rule.

My employer says commissions are paid only to current employees. Is that enforceable in Hawaii?

A clause that forfeits commissions already earned is the clause most often struck down when challenged. The employer can usually set the timing of payment; it is much harder for it to keep money the plan says you earned.

Other situations in Hawaii

being fired · resigning · a layoff · unused PTO · all Hawaii rules

Reviewed 2026-11-03 against the sources listed on the Hawaii page. This is a self-help document tool, not legal advice, and no outcome is guaranteed.