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Unpaid commissions in South Carolina: earned is earned

Commissions earned before separation are wages due under § 41-10-50 and follow the same 48-hour 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
S.C. Code § 41-10-50
If fired
When an employer separates an employee from the payroll for any reason, all wages due must be paid within 48 hours of the separation, or on the next regular payday, which may not be more than 30 days later (S.C. Code § 41-10-50).
If you resigned
Resignation is a separation 'for any reason' under § 41-10-50: wages are due within 48 hours or by the next regular payday, capped at 30 days.
Late-pay penalty
South Carolina does not add liquidated damages or a waiting-time penalty payable to the employee. A violation of § 41-10-50 is a misdemeanour, and the practical remedy is a claim for the wages through the Department of Labor, Licensing and Regulation or magistrate court.
PTO
South Carolina requires payout of accrued vacation only if the employer's written policy or contract provides for it.
Small claims limit
$7,500 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 South Carolina Department of Labor, Licensing and Regulation, a small claims judge — starts from those three facts. The letter is built from S.C. Code § 41-10-50 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 $7,500, 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 South Carolina?

Commissions earned before separation are wages due under § 41-10-50 and follow the same 48-hour rule.

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

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 South Carolina

being fired · resigning · a layoff · unused PTO · all South Carolina rules

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