Legal Question in Employment Law in California
Hello..
I was terminated last week during the middle of my work shift due to reasons stated on discharge papers: "Attendance Issues".
I was given my last paycheck which did not calculate my earned Commissions, upsells, or bonuses for the month of September. These monies add up to much more in value than my final weeks pay. I asked why my Commissions were not added and included in my final check and was ignored by my Supervisor who escorted me in a hurried way to the door.
Please advise on my recourse. Thank you.
2 Answers from Attorneys
When and how commissions and bonuses are earned are based on the contractual agreement between the employer and the employee. Unlike earned wages, commissions and bonuses are payable upon the completion of the event upon which they become earned, for example, when a customer pays for the product sold. Some bonuses are discretionary and not subject to contract.
If you believe you have already earned the commissions and/or bonuses you claim, have an employment law attorney review your contract for a legal opinion and to explore your options.
You can file your claim with the Labor Commissioner, and hire an attorney to represent you if desired. You will have to prove the company policy showing you had earned and vested those commissions, and how they are properly calculated. If serious about doing this, feel free to contact me.
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