Legal Question in Employment Law in California

Sales Commissions

I have been working for a company for a little under 3 years and have an employment contract that states my base salary and commission percentage payout on all signed contracts. For the first 2 years their was no problem in recieving my commissions but in the last 8 months they have refused to pay my earned commissions. The excuse has been that the company has not been making enough money on these projects (I'm in the construction industry and I have copies of all signed contracts on the projects that I have sold in the last year and that I have not recieved my commissions on. The outstanding balance is approaching 30k and I would like to know if I have any leg to stand on to get my company to pay this money. Their has been no change to my original employment agreement.

Asked on 3/04/05, 5:57 pm

3 Answers from Attorneys

Tom Walker Law Offices of Thomas C. Walker

Re: Sales Commissions

From your facts it appears you have a solid non-payment of wages claim, assuming you can document what you say. Our CA Department of Labor is the place to file. You may want to discuss the potentional for Er retaliation with an attorney beforehand.

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Answered on 3/05/05, 10:52 am
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Sales Commissions

Yes, it sounds like you have a good case for breach of contract. The issue is whether you will be able to collect against the company. You can hire me if you like.

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Answered on 3/05/05, 12:06 pm
Terry A. Nelson Nelson & Lawless

Re: Sales Commissions

IF the company won't pay, you can file with the Labor Commissioner for unpaid amounts due, plus interest and penalties. You may want to have an attorney help you in the claim and represent you in the hearings that will take place. Attorneys fees ma y be recovered as well. Contact me if interested.

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Answered on 3/05/05, 4:19 pm

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