Legal Question in Employment Law in California

California based Company is witholding commission as a discipline while employee is on a 90day "probation" - employee does pull an hourly wage as well and commission varies month to month depending on amounts received in calendar month on accounts received. Is this legal as this month over $500 was earned in comission that the company is not paying out. Also now noticing how many employees are on probation currently...

Thank you for your time!!!


Asked on 11/02/10, 6:33 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

IF you are 'entitled' to and vested in the commissions, not at the discretion of the company, then you have a claim of unpaid compensation. You can file suit, or file a claim with the Labor Commissioner, for the unpaid amounts, plus penalties and interest, and attorney fees if you win. If serious about pursuing this, feel free to contact me.

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Answered on 11/08/10, 11:53 am


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