I Closed the Deal, Then I Quit: Where’s My Commission?

You landed the deal of the year. The contract is signed, the client is happy, and a commission is coming your way. Then everything changes: maybe a better opportunity appears and you decide to resign, or maybe your employer lets you go. Either way, the same question arises, and in Texas the answer often surprises people. When you leave a job, whether you quit or you are terminated, are you still owed the commission on a deal you closed?

The most important thing to understand is this: whether you get paid may come down to what your paperwork says. Being strategic, before you resign and before a separation catches you off guard, can be the difference between walking away with what you earned and walking away with nothing.

Step One: Read Your Contract and Company Policy

Before you give notice, and ideally long before any separation, pull out every document that governs your pay. That means your employment agreement, your commission or bonus plan, the employee handbook, and any offer letter or side agreement. Read the sections on commissions carefully and look for language about what happens when your employment ends, whether you leave on your own or are let go.

Step Two: What If the Contract Says Nothing?

Here is where many employees are surprised. If your contract, plan, or policy is silent on what happens to commissions when you leave, Texas law may still let you recover.

Under a legal principle called the procuring-cause doctrine, a salesperson who earns a commission becomes entitled to it when their efforts produce a ready, willing, and able buyer, in other words, when you are the reason the deal closed. In 2022, the Texas Supreme Court confirmed in Perthuis v. Baylor Miraca Genetics Laboratories, a case involving an employee who was fired, that when a commission agreement does not spell out the timing or conditions for payment, this doctrine fills the gap. That means you may be entitled to your commission even after your employment ends, whether you resigned or were terminated.

Why Being Strategic Matters

The lesson is not that you should stay in a job you want to leave. It is that a little planning can protect the money you worked hard for, whether you are choosing to resign or bracing for a possible termination:

• • Read your commission plan and employment agreement closely, focusing on when a commission is considered “earned” versus “paid.”
• • Note any requirement that you be employed on the payment date.
• • Save copies of your contract, plan documents, emails about the deal, and anything showing you were the one who closed it, especially if a separation may be coming.

Documentation is powerful. If a dispute arises, being able to show that you procured the sale can make the difference in recovering your commission.

When to Talk to a Lawyer

Commission disputes can turn on a single sentence in a contract, and employers often have lawyers drafting those documents in their favor. If you have closed a significant deal and are thinking about resigning, if you have been terminated, or if you have already left and your employer is refusing to pay, you should schedule a consultation with me. I can help you understand whether your contract forfeits your commission, whether the procuring-cause doctrine may apply, and what steps to take to protect your earnings.