Is this scenario potentially against Colorado’s wage protection act?

I’m in a base incentive position and our incentive plan (called discretionary in plan docs) specifies we earn x% of the profit from each sale to be paid on second paycheck following quarter end for prior quarter in which payment for sale was received. It states if you’re not employed on date bonus is paid then not eligible for the incentive payout. Unfortunately I’m in a situation where I need to leave the company voluntarily prior to the payout date.

I believe this is may be in violation of the wage protection law (https://cdle.colorado.gov/sites/cdle/files/INFO #3D Commissions and Bonuses 07.11.2023 accessible.pdf).

• I believe the fact that we get the profit report generated monthly and emailed to us which we can then multiply by the percentage meets definition of determinable.
• It’s earned because company received payment for the sale.
• And it was earned in accordance with the plan documentation. Prospected client, closed sale, and company was paid.