Can You Recover Unpaid Commissions After Leaving a Job in Maryland?

 Posted on November 12, 2026 in Wage & Hour Laws

Maryland employees can recover commissions earned before they quit or were fired, even when payment was scheduled for later. An employer cannot automatically cancel earned commissions because an employee leaves before payday. The agreement and completed work determine what is owed. If you’re having issues with your employer in 2026, our Silver Spring wage theft lawyer can review your commission agreement and explain your options.

Are Unpaid Sales Commissions Considered Wages in Maryland?

Under Maryland Labor and Employment § 3-501, wages include commissions, bonuses, and other promised compensation for work. Under § 3-505, employers must pay wages earned before employment ends by the date they would have been paid if the employee had stayed. This applies whether the employee resigned or was terminated.

The key question is whether the commission was earned, not whether the employee remained on the payroll when payment came due.

When Is a Commission Earned Under Maryland Law?

A commission plan can set rules for when you earn a commission. Depending on the plan, you might earn it when a customer signs a contract, a sale closes, a product is delivered, or the customer pays. Review the offer letter, commission agreement, and past payment practices to understand those conditions.

Maryland's highest court addressed this issue in Medex v. McCabe. An employee completed the work required to earn incentive pay but left before the scheduled payment date. The court ruled that leaving before payday did not take away the employee’s right to pay he had already earned.

That does not mean every unfinished sale earns a commission. If the agreement requires additional work or a customer payment that has not occurred, the amount owed can be disputed. An attorney can examine whether the employer is enforcing a real earning condition or withholding completed compensation.

How Much Can You Recover for Unpaid Commissions in Maryland?

You can seek the unpaid commissions themselves. Under Maryland Labor and Employment § 3-507.2, a court can award up to three times the unpaid wages in total, plus reasonable attorney fees and costs, if the employer withheld payment without a bona fide dispute.

A bona fide dispute is a genuine, good-faith disagreement about whether payment was owed. The court looks at the employer's reasons and supporting evidence. Triple damages are possible, not guaranteed.

Employees can also consider a contract claim or a complaint with the Maryland Department of Labor.

What Evidence Helps Prove an Unpaid Commission Claim in Maryland?

Commission disputes often turn on written records. Useful evidence includes:

• The commission agreement, offer letter, and later changes

• Sales reports showing deals completed before departure

• Customer contracts, invoices, and payment records

• Earlier commission statements and pay records

• Emails or messages confirming a commission amount

• Written explanations for any withheld payment

For example, a supervisor's message confirming a completed sale can help show that payment was earned. Past commission statements can also reveal whether the employer changed its usual approach after you left.

Keep only records you are legally allowed to retain. Avoid copying private customer data or accessing company systems after your permission ends.

How Long Do You Have to File an Unpaid Commission Claim in Maryland?

A lawsuit under Maryland's wage-payment law ordinarily has a three-year deadline, measured from when the wages were due. Individual commissions can have different due dates.

The Maryland Department of Labor must receive your wage claim form within two years of the date your wages were due. Before you file, you must ask your employer for the unpaid wages and be denied.

You can sue after two weeks have passed from the date the employer should have paid the wages. Waiting makes it harder to collect records and find witnesses.

What Should You Do When an Employer Withholds Commissions After You Leave?

Ask for a written breakdown of your final commissions. Identify each sale, when you completed your work, and the amount you believe is owed. Save the employer's response.

Before signing a separation agreement, check whether it asks you to give up your right to claim unpaid wages. Do not assume a partial payment settles the entire dispute without checking its terms.

Maryland wage cases can be filed in District Court or Circuit Court depending on the claim amount and procedure. A standard state wage claim does not automatically belong in federal court. If your work crossed state lines, an attorney can determine which state's wage laws apply.

Contact Our Montgomery County, MD Employment Law Attorney Today

Attorney Lindsay Freedman represents employees in state and federal wage disputes. Recognized among leading employment lawyers in Annapolis, he takes a hands-on approach, stays accessible to clients, and challenges employers when needed. He is available around the clock.

If you left a job in 2026 with commissions unpaid, legal review can help determine what you earned and how to seek payment. Contact Freedman Law, LLC at 410-290-6232 to talk to our Silver Spring, MD wage theft lawyer today.