Legal Question in Employment Law in California

At the time I left the company, my former employer owed me over $10,000 in unpaid commissions. In addition, I found that the way he paid me for leads was not legal. The company paid us $5 per lead (as a 100% commission sales rep, I used my own vehicle. This did not fully reimburse me for mileage and wear and tear on my vehicle.) By mapquesting all of the leads I ran during the 27 months I was in the field, I accurately estimate the company owes me approximately $40,000 in unpaid mileage under Calif. Labor Code Section 2802. This figure does not include interest.

When I approached the owner of the company about the unpaid commissions (approx. 1 week after leaving the company), he asked me if I was a "gambling man". As I had copies of every unpaid sale, he said he would pick 10 at random and whatever percentage of those the company actually owed me on, he would pay that percentage of the $10,000. After checking the first 3, he told me he would write me a check for $4,000 (which he did).

Unfortunately, he had me sign a release saying the money released the company from any liability for anything else, known or unknown. However, I was under a doctor's care at the time and was on medication for anxiety and depression. He knew this (this is why he terminated my employment). Do I have a case at least for the mileage?

Asked on 4/23/11, 11:19 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

No. You released all claims.

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Answered on 4/25/11, 11:35 am

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