Is it legal to withhold commission because of a workmans compensation lawsuit? Posted on May 23, 2011

My husband died suddenly at work on December 8, 2010. He was a salesman for manufacturer's rep and made commission vs. draw. A lot of the deals take a year to implement and pay the commission. I have in writing from the employer that they were paying 40% of his commission to me monthly for all of his work up to that point, which I have been receiving along with the commission reports for amount that will be owed until paid off (the entire amount is about 50 grand and I would pay taxes on all of that) Well, there is a workers compensation lawsuit in progress and when they received wind of that (this month) they stated they are not paying anymore commissions as it is usually their policy to pay employees three months worth after they vacate their position. I pointed out to them that I have in writing per husband's contract and their own emails and payment to this point that they were paying the 40% of his commissions. My question is can they legally do this when I have it all in writing and the only reason they are withholding the commission is the advent of the workman’s comp suit? Thank you.

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