Legal Question in Employment Law in California

Re: Collecting Unpaid Commissions When Employer Refuses to Provide Pay Records

Depending upon how long ago it was, you can complain to the CA EDD (Labor Board). Reconstruct the commissions on paper and show how you came to that figure. They will have to answer or a judgment could be entered in your favor.

Re: Collecting Unpaid Commissions When Employer Refuses to Provide Pay Records

Commissions are wages and California law provides several remedies for unpaid wages. One way is to pursue the claim in court. Another is the California Labor Cmmissioner through the Division of Labor Standards Enforcement the agency responsible for enforcing the State's wage and hour laws.

You have a right to examine and copy all the records that relate to the calculation of your wages (Labor Code Section 226 (c)) within 21 days of a written or oral request. So make the demand, cite the code section and be specific in the request so that all the documents that would relate to the sales and the payment of your commissions are clearly identified and you make clear that the purpose is to determine whether you were paid properly.

When you have the information, file your claim at the nearest office of the Division of Labor Standards Enforcement or if you would like to discuss your claim in more detail, feel free to contact me at 800-522-6728