Legal Question in Employment Law in California
Hello-
My name Chris-
I started a new sales job on 4/6/09, which coincided more or less right with their fiscal year (4/1-3/31). I was paid a base plus commissions. The commissions agreement was: "You will be paid commission on all new business you bring in at a rate of 15% gross sales.You will be paid a commission on all business growth you support at a rate of 10% of the additional growth of the customer. All commissions will be paid the 15th of each month following the sale."
I brought in new business & grew the business of existing accounts.
They just laid me off on 10/28.
They are paying me my October commissions.
They responded in writing they will also pay me commisions for November's sales.
However, they advised they will pay me nothing further, because it doesn't state anywhere in writing they have to pay me if I'm not employed there.
My question is:
Since it doesn't say that I HAVE to be employed there to receive these commissions, am I not entitled to at least receive commissions till the end of the fiscal year for all my efforts, which will be 3/31/10?
Thank you in advance.
1 Answer from Attorneys
Commission payment upon termination is entirely regulated by company policy. If you disagree and think you are due money, you could file a Labor Commissioner claim for unpaid wages. Feel free to contact me if serious about getting legal help in doing so.