Legal Question in Employment Law in California
My husband worked for a company and left the company. He was paid commision. He left two weeks ago and the owners wife contacted me via email to threaten my husband and I that we needed to pay back commision that a client didnt make a payment on a deal or they woudl sue us. His wife is not employee of this company. She sent no support of back up detail and was discussing company and employeee confidentiality to me when i was never an employee. Is this legal?>
2 Answers from Attorneys
Commissions are based on contract, whether written or verbal, and the terms of that contract will determine when the commission is earned. If, for example, the commission is earned upon the sale and no further action is performed on the part of the person making the sale, the employee would probably not have to pay back the commission should the customer fail to pay.
These are very fact specific cases and your husband will need to provide legal counsel with all of the details for a more informed opinion of his legal rights and/or obligations. He should consult with an experienced employment law attorney in your area.
"Legal"? What matters is whether the repayment is owed, and whether they are willing to sue for it. Try to resolve it informally. Hire counsel if it is worth doing so to try to avoid being sued. The attorney will be able to give opinion if the money is due. It depends upon all the facts. If serious about getting some legal help, feel free to contact me.
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