Section 300.510  Earned Commissions

A commission is the compensation for services performed pursuant to an employment contract or agreement between the two parties.  In order to be entitled to receive compensation for a commission under the Act, the commission must be earned under the terms of the agreement or contract.

a)         A separated employee has a right to an earned commission when the conditions regarding entitlement to the commission have been satisfied , notwithstanding the fact that, due to the employee's separation from employment, the sale or other transaction was consummated by the principal personally or through another agent.

b)         When the employer and employee agree that the employee is to be paid a commission on the basis of a particular sale, and the sale is subsequently voided, the employer may deduct from the employee's wages or final compensation the amount of the commission previously paid on that particular sale.

(Source:  Amended at 38 Ill. Reg. 18517, effective August 22, 2014)