Legal Question in Employment Law in California

I am considering leaving my current company where I work as a sales person that is compensated with salary and commissions. I sell contracts that can be 12, 24 or 36 month for digital publishing solutions and the commissions are paid over the term of the contract. If I leave the company does my company have an obligation to pay outstanding commissions.

My compensation plan says that upon departure I will be paid all commissions that are earned but my controller just spelled out that earned means payed from the customer and therefore if I leave the balance of my commissions would not be paid. I have heard a few times now that unpaid commissions on deals that are completed (nothing else for the sales person to do) are payable upon departure, whether released or if you leave on your own. Please advise.

I am California and the company is based in Colorado if that matters.


Asked on 9/03/09, 9:39 pm

1 Answer from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

you should kleep on getting paid when they don't pay you in future you have a wage claim and can go to court to get paid , contact me to discuss 619-922-5287

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Answered on 9/04/09, 6:01 pm


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