Our last post explored the legal remedies available to independent sales representatives in New Jersey when a principal is reluctant to pay. But what happens when you’re not independent, but a direct employee who works on commission? The Sales Representative Protection Act doesn’t apply to you. The short answer is that you still have a remedy under the NJ Wage Payment Act, and possibly other remedies as well. While you don’t have at your disposal the treble damages and attorney’s fee protections given to your independent brothers and sisters, you still have a remedy. Since there is no attorney’s fee award available to you even if you’re successful, your tactics may be different than an independent rep with the same problem.
Your first step is to talk to an employment lawyer on the best approach to the problem, before deciding on what to do on the basis of instinct or incomplete information.