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Unpaid commissions in Maine: earned is earned

Commissions earned before separation are wages and are covered by 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
26 M.R.S. § 626
If fired
Wages must be paid within a reasonable time after demand: the earlier of the next regular payday or two weeks after the demand (26 M.R.S. § 626).
If you resigned
Resignation follows the same rule: the earlier of the next regular payday or two weeks after your demand.
Late-pay penalty
26 M.R.S. § 626: an employer that fails to pay wages and accrued vacation as required is liable for twice the amount of the unpaid wages as liquidated damages, plus costs of suit including a reasonable attorney's fee.
PTO
Maine treats accrued vacation as wages: § 626 expressly covers unpaid vacation pay at separation.
Small claims limit
$6,000 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 Maine Department of Labor — Wage and Hour, a small claims judge — starts from those three facts. The letter is built from 26 M.R.S. § 626 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 $6,000, 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 Maine?

Commissions earned before separation are wages and are covered by the same rule.

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

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 Maine

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

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