Legal Question in Employment Law in California
Are we owed commission?
My husband was terminated from his employment before his written resignation date. He is a salesman, and common practice with the company had been that a terminated salesman would receive commission through his written resignation date. However, they have not done this for my husband. Is there any legal recourse available to us?
3 Answers from Attorneys
Re: Are we owed commission?
Your husband may have a claim based on breach of contract or breach of the covenant of good faith and fair dealing, which is a fancy legal name for firing him in bad faith so they don't have to pay the commission.
Have him consult with an experienced employment lawyer in your area to evaluate the merits of any potential legal claims.
Re: Are we owed commission?
"Common practice" is useful in showing evidentiary proof that your husband is owed commission herein. However, your husband's employment contract could prove to be the stronger evidence, one way or the other. If you would like further evaluation and assistance with this seemingly "injustice" shown toward your family, email us directly.
Re: Are we owed commission?
File a claim with the Labor Commissioner and try to convince them the company policy requires payment. The burden of proof is on you to bring evidence and witnesses to back you up. Feel free to contact me for legal help in the pleadings and hearings, if the case is in SoCal.
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