Legal Question in Employment Law in California
Commission and withholding information
I recently resigned and at that time I was told that I would recieve a breakdown of what was owed to me as far as my Dec and Jan commissions. I have not received this information I have requested it and was told they would let me know and came back to me and told me that they would not give me the information I had requested and would not pay me any of the commission that was due to me until the end of the 90 day period(which is covered in their compensation agreement under termination and commission). The agreement also states that if they do not recieve payment within 90 days of my leaving the company they will not pay it at all. Is this legal? Can they not provide me with information regarding my back due commission and numbers?
3 Answers from Attorneys
Re: Commission and withholding information
It all depends on the language and the legality of the compensation agreement. Assuming that the agreement doesn't somehow attempt to circumvent federal and state labor laws, parties have an ability to contract for nearly anything.
Re: Commission and withholding information
contracts are permissible if they are not void due to public policy, applicable laws, etc...however, your employer cannot be unjustly enriched at your expense if you provided them with a valuable service and payment for such services was to be the consideration. if you email me the specifics of your case, along with the outstanding commission amounts you feel you are entitled to, i may be able to further assist you legally.
Re: Commission and withholding information
It does seem odd that the employer will not provide the numbers, as well you may be entitled to your commission but alot depends on the severance or exit agreement. An attorney may be able to negotiate a reasonable resolution with your employer. If you are in the area and desire further consultation, please feel free to call our office.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
