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Commissions earned before separation are wages and follow the regular-payday 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.
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 North Dakota Department of Labor and Human Rights, a small claims judge — starts from those three facts. The letter is built from N.D. Cent. Code § 34-14-03 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.
Commissions earned before separation are wages and follow the regular-payday rule.
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.
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Reviewed 2026-11-03 against the sources listed on the North Dakota page. This is a self-help document tool, not legal advice, and no outcome is guaranteed.