A withheld bonus or unpaid commission can feel especially frustrating because the fight is often not about whether you worked hard. It is usually about proof: what the plan said, when the compensation became earned, what numbers were used, and whether the employer changed the rules after the work was already done.
In general terms, these disputes turn on documents, timing, and definitions. A commission may be treated as wages under many state laws once it is earned under the agreement. A bonus may also become enforceable when it is non-discretionary, tied to specific metrics, or promised under a written plan. Federal law also treats many commissions and non-discretionary bonuses as compensation that affects overtime calculations, which can matter when employers try to relabel earned pay as “discretionary.” The U.S. Department of Labor recently reported recovering more than $259 million in back wages for nearly 177,000 workers in fiscal year 2025, which gives some context for how common pay disputes remain across the country (U.S. Department of Labor, U.S. Department of Labor).
In this post you’ll learn how employees often prove a bonus or commission was earned, what evidence tends to matter most, where employer defenses usually appear, and when an attorney may help connect the paper trail to the wage laws in your state. If you want a broader overview first, it may help to start with this guide on when incentive pay is considered earned and what happens around clawbacks or termination timing.
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Most unpaid compensation disputes narrow down to a single issue: what event made the pay earned?
That event could be:
The answer usually comes from the compensation plan, offer letter, handbook, email amendments, payroll practices, and past payouts.
State law matters here because different states frame the question differently. For example, California’s Labor Commissioner states that commissions are wages and that, in general, once commissions have been earned they cannot be forfeited. California also requires commission agreements for many employees to be in writing and signed by the employer, with a copy provided to the employee (California DLSE, California DLSE Enforcement Manual). In Massachusetts, commissions are protected by the Wage Act when they are definitely determined and due and payable, which often leads to close disputes over whether all contingencies were satisfied (Massachusetts Wage Act overview, Mansfield v. Pitney Bowes Inc.). In Texas, the Payday Law includes commissions and bonuses according to the agreement, and the Texas rules say such pay is earned when the employee has met all conditions set out in the agreement (Texas Workforce Commission, Texas Administrative Code).
That is why the first step in proving your claim is rarely “show I worked hard.” It is usually “show exactly what the plan required and exactly when I satisfied it.”