Legal Question in Employment Law in California
commission
my employer is intending to keep half of my commissions after I resign from the company. I have no written/signed contract informing me of this intent upon employment. I earn a ''draw against commissions''. My commissions are paid 30 days after a home closes escrow.All sales are completed by me 90 days prior to escrow closing. There are usually minimal questions/problems that occur, to do with the sale itself, after 30 days prior to the close of escrow. All documentation, including specifications of the sale is on a data base maintained by the company, as well as in company handwritten records. 90% of all sales conclude without need for any intervention. If need does arrise, it is a simple answer needed from the file/records and easily attainable by said company.Is it legal for them to withold commissions under these circumstances?
2 Answers from Attorneys
Re: commission
Probably not. You can have counsel write a demand letter, followed up by a filing with the Labor Commissioner for unpaid comp. Contact me if you need legal help.
Re: commission
Based on circumstances noted, it appear not correct for them to keep commissions. Need to look at entire agreement/etc.
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