Legal Question in Employment Law in California
Hello - My husband was recently terminated. His former company owns him about 400k in commissios from about 4 years. Again, he just got terminated. They offered him a minor severance package, which did not include his commissions. The company has indicated sense he did not argue the issue with them for the last 4 years he basically implied that he accepted the fact that he was not going to get paid any of his commissions. The reason he did not pushed the issue is that his former company is being sued by the cusotmers he was to get paid commission, and he wanted to stay employed. The company is being sued for lack of peformance. In a law suit could my husband win this case, or are they correct by indicating his actions implied he accepted the fact that he would not be paid any commissins.
4 Answers from Attorneys
Whether your husband has waived his right to assert a claim for commissions would depend on more factors than you discuss in your question. Given the amount of money owed him, it would behoove you both to consult with an attorney who has employment law experience. You should be able to find one to take your matter on a contingency fee basis.
I have offices in Santa Barbara and Century City, and I work closely with attorneys who might be interested in your case, including attorneys in Orange County. Please call me if you are interested in a no-obligation consultation.
There are a various statutes of limitations that apply to breach of contract and wage claims, ranging from 2 to 4 years from the date the money was due, depending upon what the legal basis is for the claim. The 2 year statute is based on breach of a verbal agreement. Without knowing the facts of the case, it is not possible to determine which statute applies.
Needless to say, this is not something your husband can delay any further, or he may be out of luck for having waited too long, if it is not already too late. He should start consulting with employment lawyers as quickly as possible.
He'll either sue or walk away from the debt, the choice is his. The longer he waits, the worse the situation gets. He may already have jeopardized some of his claim by waiting this long. If he is serious about pursuing it, feel free to contact me. Whatever evidence he has to support his claims, and to rebut the company's defenses will be the primary issue.
Hello.
Your husband's not demand commissions before does not waive his rights to being paid. Commission are wages and you can bring a claim within 3 years or 4 years of when each of the portions of wages was due. For example if you were to bring a claim today in the labor board, you could go back as far as March 9, 2007 and count the earnings for your work from that date forward at least (and again - in some cases for four years). Since the amount is substantial, I believe it's worth pursuing as their waiver argument has little, if any, merit.
Thanks, and feel free to follow up.
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
http://www.arkadylaw.com
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