I’ve raised money for a large nonprofit organization in Shrewsbury, MA. The organization is owned by a private person. Now she has breached our contract and refuses to pay my commissions. We have a written contract and witnesses as well. What should I do?
Inasmuch as commissions are considered wages under the Massachusetts Wage Act, you should file a complaint with the Office of the Attorney General, Fair Labor Division, in order to preserve your right to sue the employer or its President or Treasurer under the Wage Act for treble damages plus attorney’s fees and costs. The Fair Labor Division has posted its complaint form on its web page at this link: http://www.mass.gov
Simply print out the form, fill it in and mail to the Fair Labor Division at the address on the web page. You may not file your unpaid wage claim in court until at least 90 days after your filing of your unpaid wage complaint with the Fair Labor Division so that it has time to investigate your claim. In the alternative, you could sue the nonprofit organization immediately for the breach of contract, but you would not be able to recover multiple damages, attorney’s fees and costs unless that is specified in your contract.