Legal Question in Employment Law in California
Commission
My employer and I had a verbal agreement on a job that I brought to the company for 5%. After having been paid for 1 1/2 years commission on the job. He is now saying that he only meant the one commission check(the first one). Yet he signed the first three checks including one that has Commission payment for X job with period of job on it. Now he refuses to sign any futher commission checks. What can I do? The job is bringing in 40k per month min.
3 Answers from Attorneys
Re: Commission
You can bring a Claim through the Labor Commissioner for the unpaid amounts. If interested in hiring an attorney to represent you in the hearings and trial, contact me. If you are retaliated against for bringing such claim, will definitely need an attorney.
Re: Commission
Verbal contracts are just as legally binding as writtten ones are. However, they are often harder to prove. The essential terms must be clear and unequivocal. If the employer has a history of conducting itself consistent with the agreement you made, this is strong evidence that it recognized the agreement as you state.
There are several ways you may try to get them to pay, but be careful how you do this if you want to continue working for this company. You should meet with a labor law attorney near you to discuss the best strategy on how to enforce your agreement.
Re: Commission
if you can email the terms of your oral agreement with your employer, and have copies of the past 3 commission checks they paid you, i can further assist you and help you get what is rightfully yours.
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