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Unpaid commissions in Nebraska: earned is earned

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

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
Neb. Rev. Stat. § 48-1230
If fired
When an employer separates an employee from the payroll, unpaid wages are due on the next regular payday or within two weeks of the termination, whichever is sooner (Neb. Rev. Stat. § 48-1230).
If you resigned
Resignation follows the same rule: next regular payday or two weeks, whichever comes first.
Late-pay penalty
Nebraska can recover double wages for a wilful failure (§ 48-1232), but the amount recovered is remitted to the state rather than paid to the employee, so it is not money the letter can demand for you.
PTO
Nebraska requires payout of accrued vacation only if the employer's written policy provides for it.
Small claims limit
$3,600 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 Nebraska Department of Labor, a small claims judge — starts from those three facts. The letter is built from Neb. Rev. Stat. § 48-1230 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 $3,600, 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 Nebraska?

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

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

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 Nebraska

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

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