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Unpaid commissions in Minnesota: earned is earned

Commissions actually earned and unpaid at discharge are expressly covered by § 181.13 and are due immediately on demand, not on the normal commission cycle.

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
Minn. Stat. § 181.13 (discharge); § 181.14
If fired
On discharge, wages and commissions actually earned and unpaid are immediately due and payable upon the employee's demand (Minn. Stat. § 181.13). Minnesota is close to a same-day state: the demand starts the clock.
If you resigned
If you resign, wages are due by the next regular payday; the immediate-payment rule in § 181.13 is written for employees who are discharged.
Late-pay penalty
Minn. Stat. § 181.13: in addition to the wages, the discharged employee may recover a penalty equal to average daily earnings at the regular rate of pay for each day the wages remain unpaid, up to 15 days.
PTO
Minnesota treats earned vacation as wages: it must be paid at separation unless the employer's written policy clearly provides for forfeiture.
Small claims limit
$15,000 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 Minnesota Department of Labor and Industry — Labor Standards, a small claims judge — starts from those three facts. The letter is built from Minn. Stat. § 181.13 (discharge); § 181.14 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 $15,000, 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 Minnesota?

Commissions actually earned and unpaid at discharge are expressly covered by § 181.13 and are due immediately on demand, not on the normal commission cycle.

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

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 Minnesota

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

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