Throwaway because identity. Long story short, I was just “let go” from a 1099 sales job in home remodeling (windows, siding, roofing, etc) due to lack of market penetration and support.
Company based in Philadelphia. I live in and cover the upstate NY market. Their pay structure is on a balance system – I sell a project, get commission on the job, and that commission goes to a balance. I get paid one-third of that balance every two weeks. I was just informed (after requesting in writing that my balance be paid in full my next paycheck), that I will continue to get paid the same way until my balance is zero, or will be paid in three equal payments once all my sold projects have been installed (time from sale to install can be anywhere from 6 to 16 weeks, depending on the type of project). My most recent sale was last week for a siding project that will likely not be finished until September/October.
The other tricky thing is that my balance is recorded using a remedial spreadsheet that is shared with me through outlook exchange. Sharing it is linked to my company email. I have asked, without confirmation (yet), if they would guarantee access to my associated company email as well as those spreadsheets for the remainder of the time that I would get paid. As a compromise, I asked to have my remaining balance be paid in three equal payments, regardless of project completion, that way we can part “amicably” and without complications for commissions that I am legally owed. I have yet to receive any confirmation on this option as well.
In NYS, I know wages for commissions that are earned are owed during the next pay period when I normally would get paid. My issues are that:
1. The company is based in Philadelphia.
2. Not all of the projects I've sold have been competed, despite receiving partial commission in the form of my balance.
Does anyone know my rights regarding the expedition of owed commissions? Or will I be stuck waiting months to be slowly paid the remaining balance?
Also, let me know if there is a better place for this post, thank you.