Sales Commission Disputes in Ohio: Getting Paid What You Earned

Few things sting like closing the deal and then watching the commission disappear. Maybe you left and the company says post-termination commissions are forfeited. Maybe the plan was rewritten after you did the work. Maybe they simply stopped paying. Commission disputes are among the most winnable employment claims, because the money is usually documented, but they turn almost entirely on what your plan says and on when a commission is considered earned.

Your plan document controls, so read it first

Commission disputes start with the written commission plan, offer letter, or compensation agreement. That document usually defines when a commission is earned, how it is calculated, what happens on termination, and whether the employer can change the plan. Everything else follows from that language.

Pay close attention to the difference between earning a commission and being paid one. Employers often argue payment is conditional, while employees understand the commission to have been earned when the sale closed. That gap is where most of these cases live.

The most common fight: commissions after you leave

The classic dispute is the employee who closes deals, resigns or is terminated, and is then told that commissions on those deals are forfeited because they were not employed when the commission was paid out. Whether that holds up depends on the plan language, on what you had already done to earn the money, and on how Ohio courts view the arrangement.

Ohio recognizes the idea that the person who was the procuring cause of a sale generally should be paid for it, absent clear contract language to the contrary. Clear language matters, and so does what actually happened.

When commissions are treated as wages

Once a commission is earned, it can be treated as wages rather than a discretionary bonus, and Ohio law requires employers to pay wages that are due on schedule. That distinction matters, because wage claims can carry consequences beyond the unpaid amount.

This is precisely why employers draft plans to make commissions look conditional and discretionary for as long as possible. The label the employer uses is not the end of the analysis.

The forfeiture clause problem

Many plans say you must be actively employed on the payout date to receive a commission. Employers rely on this to zero out a departing salesperson. These clauses are common, but they are not automatically enforceable in every circumstance, particularly where the work was fully performed and the only thing left was the employer cutting a check.

The circumstances of your departure can also matter. A forfeiture clause invoked right after you were pushed out, or right after you closed a large deal, deserves a close look.

What to do if your commissions are being withheld

Gather everything: the commission plan and any amendments, your offer letter, deal records, invoices, CRM exports, quota and payout statements, and communications about the deals in question. Then calculate what you believe you are owed and be able to show your work.

Raise it in writing rather than only in conversation, which creates a record and often prompts payment. If it is not resolved, the documentation you gathered is exactly what makes these claims provable, and there are deadlines, so do not let it drift.

Frequently Asked Questions

Can my employer refuse to pay commissions after I quit?

It depends on your plan language and on what you did to earn the commission. A clause requiring active employment on the payout date is common, but it is not automatically enforceable where you already performed the work that earned the money.

Are sales commissions considered wages in Ohio?

Once earned, a commission can be treated as wages rather than a discretionary bonus, and Ohio law requires employers to pay wages that are due. Whether a particular commission is earned turns on your plan and the facts.

What is procuring cause?

It is the principle that the person whose efforts actually brought about the sale should generally be paid for it, unless the contract clearly says otherwise. It often matters in disputes over deals that closed near your departure.

What should I gather before calling a lawyer?

Your commission plan and any amendments, offer letter, deal and CRM records, payout statements, and any emails about the deals at issue. Commission cases are usually won on documents.