Legal Question in Employment Law in California

I resigned from my outside sales position and was under a draw commission. The employer does not want to pay me for the last week I was there, 4 days vacation and $1,500.00 in expenses because I feel short of my sales that month. They then asked if I was going to move to another company to sell the same product. I ask why and they stated that if I would give them a good referral to the client I brought in they may be able to work something out. Please advise


Asked on 10/14/10, 9:38 am

1 Answer from Attorneys

It is illegal for them to withhold anything that is not expressly provided for in your draw agreement. In addition, if they fail to pay you on your last day, they must pay you your regular income pro rata for each day you have to wait for payment, up to thirty days. File a complaint with the Dept. of Industrial Relations, Bureau of Labor Standards Enforcement. I belive you can even file complaints online these days.

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Answered on 10/19/10, 11:41 am


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