Legal Question in Employment Law in California

Resignation and Qtr Commission payouts

I work in Sales for a company that pays commission on a Quarterly

basis. We only get paid on which invoices have paid. I have given

my two week notice, and I have asked for my expected

commission in advance for next quarter. I have an average of paid

invoices that is 99% paid after 90 days. We do not have the best

AR dept, but I feel like I should receive 99% of what I invoice

before I leave. Are there any rules for this? Am I protected? How

can I get paid?

Thanks !


Asked on 7/13/04, 10:51 am

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Re: Resignation and Qtr Commission payouts

Any agreement that causes you to loose commissions that have been earned must be carefully scrutinized. If the agreement is unfair, it may be interpreted against the employer.

If all the work is complete at the time of the sale, the employer will be limited in its ability to not pay you. If there are other duties (continued contact, deliveries, collections, monitoring of service), there may be reasonable basis to not pay you, because others will be paid for the work.

If you would like a full analysis of your issue, feel free to call.

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Answered on 7/22/04, 4:34 pm
Terry A. Nelson Nelson & Lawless

Re: Resignation and Qtr Commission payouts

You may or may not get paid some or all, depending upon lots of things, including company policy on this issue, completeness and certainly of invoice payment, remaining work on the sales orders, company attitude towards you, etc. If you need help in collecting it, contact me. You may have to take legal action through the Labor Commissioner or the courts, if the amount is enough to make it worthwhile doing, and worth hiring an attorney.

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Answered on 7/22/04, 5:55 pm


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