I don’t think it would be legal for them to rescind the check.
That said, there is a car dealer in our area that stiffs people that quit. He still owes my husband a commission from a car he sold when he was there. We will never see that money, and it’s sort of a running joke in our household. Employees of his that know what they are doing wait until they have the money in hand before leaving. Even then, he’ll find a way to stiff you for something – I don’t know anyone that used to work there that isn’t owed some money.
Is what he’s doing legal? No, I’m pretty sure it’s not. In our case, though, the amount of money is small enough (car salesman, contrary to popular belief, do not make thousands of dollars per sale*) that we aren’t willing to pursue it. I think he does this in small enough amounts that people just shrug their shoulders, consider themselves well rid of the place, and move on.
So my guess is that if it’s a large enough amount, even if the employer would like to try some monkey business, they probably won’t. Not worth the possibility that someone would make a fuss.
*At least, none of the ones I know. I’m someone has a story about a salesman really screwing a customer and making a gazillion dollars on the deal. Just throwing in the disclaimer at the beginning.
This just might be a case of varying meanings of the term “professional.” Some people use “professional” to mean someone paid on a salary basis. Thus, anyone who is paid by the hour or on commission is not of “professional” rank.
Regarding the commission check, if this is fully based on sales that have been completed, it is very unlikely the company will be able to take it back. However, a lot of sales jobs pay what is called draw against commission, which averages out peaks and valleys. If this is the case, there is probably some terms and conditions document that outlines how draw is handled if the employee is ahead or behind based on actual sales.
Regarding paying salary for the two weeks after they walk the guy out, that is at the employer’s discretion. The employee isn’t working during that time, so there is no legal obligation to pay (barring some type of contract to the contrary). However, there is the practical matter that if a company starts not paying this two weeks, people start not giving notice and just not showing up. So most companies, especially large ones where it’s clear they are setting a precedent, will in fact pay the two weeks. In the event the two weeks isn’t paid, it does change from a voluntary quit to an involuntary termination, and the employee can file for unemployment for those 2 weeks.
I’m currently general counsel for a mortgage banker here in MI. It’s pretty common for a loan officer to come see me asking about commissions “owed” by previous employers. Commissions are tricky things, and they are dependent on the compensation agreement that the employee signed and state law.
Frequently the employer will claim that the loans, while initiated by the employee, were left incomplete, or were inappropriately submitted. It’s an easy charge to make after the employee is gone. Usually this gets resolved eventually, but it’s not a simple as payment for hours worked.
One thing to keep in mind is any chargebacks to commision that may be in the model. They may try to ‘hold his commissions’ against any chargebacks, and pay him the difference once any chargeback period is over.
I was once terminated from a telemarketing job where they did just this sort of thing to me. I could have fought for the money, but it was only a few hundred dollars, and not worth the time off for court once re-employed… even at triple damages. (This was MA)
How I lasted as long as I did at that job is an entirely different question.