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Unpaid commissions in Massachusetts: earned is earned

Commissions that have been definitely determined and are due are wages under § 148 and must be paid on the same schedule; the statute applies to commissions 'so far as apt'.

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
Mass. Gen. Laws ch. 149, §§ 148, 150
If fired
An employee who is discharged must be paid in full on the day of discharge (M.G.L. c. 149, § 148). Massachusetts is one of the few states that requires same-day payment.
If you resigned
An employee who leaves voluntarily must be paid in full on the next regular payday; if there is no regular payday, on the following Saturday.
Late-pay penalty
M.G.L. c. 149, § 150: a prevailing employee recovers the unpaid wages plus treble damages, reasonable attorney's fees and costs. Massachusetts is one of the strongest late-pay statutes in the country on the employee side.
PTO
Massachusetts treats accrued, unused vacation as wages: it must be paid at separation. A policy can cap accrual going forward, but it cannot erase time already earned.
Small claims limit
$7,000 for an individual
Last verified
2026-11-03 two sources agree

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 Massachusetts Attorney General — Fair Labor Division, a small claims judge — starts from those three facts. The letter is built from Mass. Gen. Laws ch. 149, §§ 148, 150 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 $7,000, 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 Massachusetts?

Commissions that have been definitely determined and are due are wages under § 148 and must be paid on the same schedule; the statute applies to commissions 'so far as apt'.

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

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 Massachusetts

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

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