California  |  Employment Law

Legal Question

Asked on: 3/18/13, 7:08 pm

Working a 100% commission based inside sales job. My job has been a glorified office admin customer serving, qualifying leads, and setting up appointments for myself and others. My draw was structured to keep me at the company for multiple years and I want out. I was told of more promising sales opportunities than I received which has put me in a bad situation.

What options do I have to make a clean break, or minimize my own out of pocket?

4 Answers


Answered on: 3/18/13, 8:45 pm by Alden Knisbacher

You may be owed overtime pay depending on how many hours you worked; also possibly minumum wage violations depending on what you earned during each pay period. Feel free to send details to my email alden@knisbacherlaw.com


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Knisbacher Law Offices 220 Montgomery Street, Suite 961 San Francisco, CA 94104

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Answered on: 3/19/13, 1:00 am by Charles Perry

I see nothing in your question that binds you to stay with this company. Your best option may be to quit, sue for whatever damages you have, and move on.

Without a full interview with you and a review of your commission structure, it is impossible to tell what your rights are. I agree with prior counsel that you may have rights to additional pay, but that all depends on how many hours you worked, what you have in fact earned to date, and whether you are owed additional money under your commissions arrangement.


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Law Offices of Charles R. Perry 1500 Bayberry Street Hollister, 95023

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Answered on: 3/19/13, 12:34 pm by Kristine Karila

More info is needed to analyze your situation. Do you have a written contract with the company? If so, what are its terms? Perhaps you can negotiate with your employer. It would be wise to consult with an employment law attorney. 949-481-6909.


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Law Office of Kristine S. Karila 9891 Irvine Center Dr., Ste. 200 Irvine, CA 92618

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