California  |  Employment Law

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6/10/08, 6:05 pm

Legal Question


Commission to employee who quit

We had an employee who quit and

her last day was June 6th. She was

paid salary and commission. Commission is calculated by what existing order ship during each month and then commission is paid on the 15th of the next month. She was paid her salary (which is paid weekly) for the June 2-6 work week, her May Commission and her commission for the orders shipped during the first week of June. She is demanding to be paid for any order scheduled and that she has entered. We tried to expain that commission is ''earned'' when orders ship and calculated monthly, just as salary is ''earned'' when you work. She quit, which means she is no longer entitled to

compensation after her final day of work. She is threatening the labor board. Please advise if our position is correct.


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