Legal Question in Employment Law in California
I earn a base salary but also have a sales incentive plan....the plan says that if I leave the company before the pay date of the IC payment, I am not intitled to it...can they do that?
Asked on 6/24/12, 9:51 pm
2 Answers from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Commissions are payable per the terms of the contract you have with the employer. If the contract says you must be employed with the company as a condition for the commission to be earned, the contract controls. If the agreement is silent on whether you must be employed, you have an argument the commission is earned and payable upon some other condition, i.e. upon booking the sale or when the customer pays. Read the plan.
Answered on 6/25/12, 3:24 pm
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