Legal Question in Employment Law in California
Commissions
I left my previous employer where I'd been a salary + commission salesperson for 1 year. However did not receive a dime of commission while employed. Not till I'd filed w/ the Labor Commissioner did I receive two small checks toward the amount. At the Labor Conference, the employer stated that they were not obligated to me on debts not yet collected by them. Some of these goods & services were close a year old, yet they claimed they'd not yet been paid. Am I not entitled to my commisson if they haven't collected from their customers yet? Thank you
1 Answer from Attorneys
Re: Commissions
It depends on the terms of the commission agreement, if there was one. Some agreements allow for payment of commissions upon the sale. Others may require additional criteria, such as delivery of the product or receipt of payment. If you have no written agreement, look to how the company paid commissions to others in the past. If there is no agreement or practice, and the sale did not require any follow up, such as having to service the customer, you may be regarded as the "procuring cause" of the sale and should be entitled to commissions. Make sure you subpoena all relevant records from the company for your hearing.
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