Legal Question in Employment Law in California

Commission Recall from Former Employer

I worked for an office for one year, Jul 2000 to Jun 2001, I had a salary plus commission. I received a letter of Commission Recall from the former employer. Is that legal? There was no written contract, most of the agreements were made verbally. There were only three people in the office, I used to present the report, and the owner would review, order checks and sign them. One of the commissions being recalled is of a sale where the client had problems during his trip, due to general strike and client couldn't receive some services. The problem had nothing to do with the actual sale of the trip, so the commission shouldn't be recalled.

Since I received a letter asking to send payment by cashier check to the former employer by Dec 14 for amount of about $900... am I forced to comply? or is there a way to have an arbitration? I don't see this as a fair treatment.

There were clients and sales that were under deposit when I left, that I didn't get commission on.

What can I do? Thank you.


Asked on 12/08/01, 1:55 am

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Re: Commission Recall from Former Employer

The prior response you received from Ken Koury is correct. In addition, you may be entitled to commissions on sales that were made prior to your separation. California law does not allow a forfiture of earned commissions. If the amount is substantial, you may want to contact an attorney experianced in wage and hour law relating to commissions.

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Answered on 12/21/01, 8:52 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Commission Recall from Former Employer

The only thing the employer can really do is sue you for breach of contract and he would have to prove there was an agreement requiring the return of commissions that you violated.

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Answered on 12/11/01, 2:41 pm


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