Commission Disputes in Virginia | What to Know

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To learn more about how an employee can recover unpaid commissions in Virginia, it is in your best interest to reach out to our firm today to speak with a dedicated and experienced Midlothian employment attorney. Our firm is on your side.

Can an employee recover unpaid commissions in Virginia?

Recently, there have been amendments made to the Virginia Wage Payment Act, giving a plaintiff the right to sue for unpaid commissions in Virginia. According to the Wage Payment Act, as amended in 2020, employees now have the right to seek legal action in court for unpaid wages, including performance-based bonuses and commissions. Assuming the commissions are earned (which may be subject to employer policy or contract), a winning plaintiff may retrieve any unpaid commissions, in addition to liquidated damages (double damages for most violations and triple damages for knowing violations), prejudgment interest, and reasonable attorneys’ fees and costs. Employees may aim to recover unpaid commissions individually, jointly, or as a collective action. Keep in mind that the statute of limitations is three years.

Furthermore, a worker who seeks to recover unpaid commissions in Virginia may also bring a claim under a theory of quantum meruit. A plaintiff may recover reasonable payment for services under a quantum meruit theory in the event that two parties contracted for work to be done but did not agree on a definite price, and the defendant requested that the plaintiff perform services. The Virginia Supreme Court has held that a plaintiff may succeed in a quantum meruit theory if (1) the parties contract[ed] for work to be done, but the parties did not agree on a price, (2) the compensation mentioned [wa]s too indefinite, (3) there [wa]s a misunderstanding as to the price to be paid, or, (4) in some instances, the contract [wa]s void and of no effect.

A worker may retrieve unpaid commissions in Virginia on a quantum meruit theory where the parties did not enter into a binding agreement concerning compensation. This may arise where there was no mutual agreement as to how much the plaintiff would be compensated. Where a worker and the hiring party did not agree on the exact commission amount the worker would receive, the worker may try to recover those commissions under quantum meruit.

If you have questions or concerns about commission disputes in Virginia, do not hesitate to reach out to our firm today to learn more.


At Passero Employment Law, we understand it is difficult to confront problems in the workplace or face litigation. With that in mind, we take a solutions-oriented approach to our representation – focusing on the right process and the right solution for each of our clients. If you need help with an employment law matter in the state of Virginia, you can count on Passero Employment Law to effectively represent your interests. If you would like to discuss your matter, please contact Passero Employment Law today.

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