People who work in sales, retail, real estate, software, and other industries often receive a commission, which is a portion of a sale, rental, or other transaction. Unfortunately, some employers refuse to pay some or all of the commissions their employees have earned. Under Illinois law, disputes over unpaid commissions can depend on the terms of the employee’s agreement and when the commissions were earned. These disputes can lead to legal action by workers seeking the commissions they are owed. 

If you believe your Chicago employer has failed to pay commissions you earned, a Kaplan Chicago employment lawyer can help you understand your rights and options. 

Potentially, yes. If you and your employer had an agreement that you would receive a commission for achieving a certain outcome, such as making a sale or securing a rental, and you earned the commission but were not paid, you may have a claim for unpaid wages under Illinois law. An agreement does not necessarily have to be in writing. 

The best way to determine whether you are owed an unpaid commission and what legal options may be available is to speak with a Chicago unpaid commissions lawyer. An attorney can review your commission agreement, pay records, and other evidence to help you understand your rights and options. 

The amount you may be able to recover from an unpaid commission claim depends on the specific facts of your case, including how much you are owed, the terms of your commission agreement, when the commission was earned, and whether you were employed when the commission became due. 

Depending on the circumstances, you may be able to recover: 

• Unpaid commissions: The commissions you earned but were not paid; 
• Statutory damages: Illinois law may provide additional damages for unpaid wages or final compensation; 
• Attorney’s fees and court costs: In a civil action under the Illinois Wage Payment and Collection Act, reasonable attorney’s fees and costs may be recoverable; and 
• Other damages: Additional compensation may be available depending on the specific legal claims involved. 

If you believe your Chicago employer owes you unpaid commissions, a Chicago unpaid commissions lawyer can review your commission agreement and other records and help you understand what compensation may be available. 

Generally, an employer cannot retaliate against an employee for exercising rights protected by Illinois wage laws. Illinois law prohibits employers from retaliating against workers for exercising their rights, filing a wage complaint, or cooperating with an investigation. 

If you are currently employed and your employer owes you unpaid commissions, you may be understandably concerned about what could happen if you ask for the money you are owed or pursue a legal claim. If your employer takes adverse action against you because you exercised a legally protected right, you may have a separate retaliation claim. 

A Kaplan Chicago lawyer can help you understand your rights and determine the safest next steps for pursuing the compensation you are owed. 

It depends on the terms of your commission agreement and whether the commission was earned before you left your job. Under Illinois law, earned commissions are considered part of an employee's final compensation. If you earned a commission before leaving your Chicago employer, your employer generally must include it in your final compensation, even if the commission is paid after you leave. 

Illinois law generally requires an employer to pay final compensation no later than the employee's next regularly scheduled payday. However, determining whether a commission was earned can depend on the terms of your commission agreement and the circumstances of your departure. 

If you believe your former employer owes you commissions, an attorney can review your commission agreement and other records and help you understand your rights and options. 

It depends. Under the Fair Labor Standards Act (FLSA) and Illinois law, non-exempt employees who receive commissions may still be entitled to overtime pay when they work more than 40 hours in a workweek. In many circumstances, commissions are included when calculating an employee's regular rate of pay, meaning the overtime rate may be higher than one and one-half times the employee's base hourly rate. 

Some commissioned employees are exempt from overtime requirements. For example, certain outside sales employees and employees who meet the requirements of the FLSA's commissioned employee exemption may not be entitled to overtime. Whether you are exempt depends on your job duties, how you are paid, and the specific circumstances of your employment. 

If you receive commissions and believe you are not being paid the overtime you are owed, an attorney can review your compensation structure and help you understand your rights and options. 

Yes, generally. Employees who receive commissions are still entitled to at least the applicable minimum wage under Illinois law if they are covered, non-exempt employees. As of 2026, the Illinois minimum wage is $15 per hour for workers age 18 and older. Commissions do not eliminate an employer's obligation to meet minimum wage requirements. 

Minimum wage protections generally apply to covered employees, including part-time employees. Independent contractors are treated differently, but whether someone is an employee or an independent contractor depends on the circumstances of the working relationship and applicable law.

If you earn commissions and believe your Chicago employer is not paying you at least the minimum wage you are owed, a Kaplan attorney can help you understand your rights and legal options.  

Yes. Kaplan Law Firm is an employment law and civil rights firm that represents employees in Chicago and throughout Illinois. Founded by Austin Kaplan in Austin, Texas, our firm has represented hundreds of clients in a wide range of employment and civil rights matters, including claims involving unpaid commissions, breach of contract, discrimination, wage and hour violations, and whistleblower retaliation. 

We have recovered millions of dollars for our clients, received numerous five-star reviews, and our attorneys have been featured in national media outlets including The New York Times, The Washington Post, Bloomberg, Fast Company, and CNN. 

Reach out today for a free, confidential case review to see if we can help you recover the compensation you deserve.