Legal Question in Employment Law in California
Commisions on sales into my territory.
In addition to my base pay I receive a commision that is based on sales into my territory.
In my business often times the equipment I sell is assembled into a system with other products and shipped out to the site where it will be installed. Often the site is outside my territory. As a a company policy I have always been paid for these sales.
Recently this very scenario happened yet I did not get paid for the sale (it was substantial). Although I have the above company policy in writing from the Vice President of Sales. This latest development is contrary to that policy. I was told that they are considering changing the written policy but have not yet done so.
Can they make this change without any notification?
How do I handle this? Do I file a complaint with the state labor board. If I do that can my employer fire me?
1 Answer from Attorneys
Re: Commisions on sales into my territory.
Thanks for your posting. In California employers have the right to change the terms and conditions of employment or salary at any time, for any reason, as long as it is not for a discriminatory reason. If you are not a government employee, and/or do not have a written and/or union contract guaranteeing your hours, salary or other benefits, there is nothing in California law which would allow you redress. The best you can do is look for another job which would provide better commission and salary.
However, in your situation it appears that the policy has not yet changed, and that you are still under an old policy that has not yet changed. In that case, you may be able to file a labor board complaint for unpaid commission. Your employer cannot fire you specifically for filing a labor board complaint, and it is illegal if that is the reason you are fired.
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