Legal Question in Business Law in California
Commision payment structured over 17 monthly payments. 13 paid. Company sold. New owner does not recognize/pay last 4 payments. Please advise as I have shown proof in writing of arrangement. Jess
3 Answers from Attorneys
The new owners obligation to pay depends on how the previous owner sold the company. Was it a purchase of all the assets and liabilities or only certain assets? Often the buy/sell of a company seeks to avoid prior liabilities. In that case the previous owner may still be on the hook. you may want to consider sending both owners a demand letter from an attorney as a starting point. Of course, depending upon the amount they owe, small claims may also be an option. Feel free to contact me if you would like to discuss your options.
Regards,
Bryan
Bryan Becker
Becker Attorneys
877.201.8728
Becker's answer is correct about the fact that the former owner may have sold assets and not liabilities. You don't need a lawyer though. The state Division of Labor Standards Enforcement will handle an unpaid wage claim from you, hold a hearing, and order payment with penalties and interest if you are not paid according to law and your agreement. It is illegal for the employer to take adverse employment action against you for filing the claim.
You can file a claim with the Labor Commissioner, naming all parties involved. You have the right to hire counsel to help you. Feel free to contact me if serious about doing so.
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