Legal Question in Employment Law in California
I am a commission only insurance sales rep. I am quitting this company because of new imposed requirements being made on me. I am paid a percentage each time a client pays their premium. I feel my commissions should continue at least for awhile after I leave, otherwise my employer makes all the money for work I performed. There are recent sales I haven't been paid for at all. Is there precedent to use in small claims court?
1 Answer from Attorneys
Your employer is only obligated to pay you in accordance with the commissions policy in place when you made the sale. The law is pretty simple. They have to pay you for what they agreed to pay you, and not for what they never agreed to pay you. The court is not going to go back and rewrite your commission deal because you have decided to leave the company.
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