Legal Question in Employment Law in California

Resignation Q's

I have a few Q's re: my recent resignation:

1) I gave my employer 2 weeks, from which she said that they only needed me through 1 week. Aren't I still entitled to the pay for the 2 weeks that I offered them?

2) I am a sales rep who earned salary and monthly comissions. Am I entitled to the commissions earned in advance for a future month (Aug 07)? I.e. I already sold and exceeded the Aug goal by 56% yielding a comission of roughly 9k gross- am I entitled to that money if we get paid after the close of that month (after Aug closes)?

3) My CO is based out of NY but I am a CA employee working from hom for them. Am I entitled to both my accrued current 07 vacation days AND rolled over vacation days from past years as a CA employee, even if the co has a ''use it or lose it policy''?


Asked on 6/01/07, 6:37 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Resignation Q's

No, Maybe and Yes.

You should discuss item #2 carefully with an experienced employment attorney to determine your rights under the company's commission policy. The law provides protection for sums you have earned so a careful analysis should be made to determine when you earned your commission.

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Answered on 6/04/07, 7:49 pm


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