Legal Question in Employment Law in California
Commisssion
I was paid by commission. My employer took an order from an account of mine that was over $200,000.00. I waited 3 months and he never even mentioned the order to me. When I finally asked why he took the order and did not discuss it with me he had no excuse. He then offered me a 1% commission (my normal rate is 2%) like it was my fault I did not write up the order.I recently found another order he tried to hide from me. Is this legal?
2 Answers from Attorneys
Re: Commisssion
yes, unless you have a specific contract that forbids it.
Re: Commisssion
The terms of most commission agreements are spelled out in a written contract. These terms will control what your rights are. If you are entitled to commissions for all sales from certain accounts or within a geographical area, regardless of your involvement, you may have a claim of breach of contract. If there is no agreement, or it is vague, it does not bode well for you. You should have the contract reviewed by a labor law attorney in your area for an assessment of the legitimacy of your claim.
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