Legal Question in Employment Law in California

Trailing Commissions and Leaving Company

I am a direct full time outside sales rep for a company that sells contract services to the publishing market. Since the end of 2007 I have closed contracts that will pay about $125K in commissions through the end of 2010. There will be more contracts but today that is what is owed to me. These deals are done with no further sales efforts required. If I should leave (either layed off or quit) will those commissions be paid to me. This company was based in California up until mid-2008 and now is based in Colorado. I am located in Southern California. Please advise. Thanks


Asked on 4/08/09, 7:01 pm

4 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Trailing Commissions and Leaving Company

You may be able to sue them in California. Has the company breached its contract with you yet? Contact me directly.

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Answered on 4/14/09, 12:23 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Trailing Commissions and Leaving Company

It should be paid to you, from what you describe. However, sooner is better than later.

Best,

Daniel Bakondi, Esq.

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Answered on 4/11/09, 2:59 am
Terry A. Nelson Nelson & Lawless

Re: Trailing Commissions and Leaving Company

Advice? Look at your company policies on such payments and termination. That determines, not the 'law'. Feel free to contact me if serious about getting legal help, such as negotiation a termination agreement that covers such issues.

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Answered on 4/13/09, 3:20 pm
Alden Knisbacher knisbacher law offices

Re: Trailing Commissions and Leaving Company

You should have a copy of all documents describing how you are paid, all documents which show that you were repsonsible for generating the sale. You should also try to negotiate payment before you leave the company -- in many situations the company will not pay, even though they may be required to, and you will have to prove that you are owed the money.

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Answered on 4/12/09, 4:59 pm


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