Legal Question in Employment Law in California

Re: When do I get my last paycheck and possible commission?

If an employee resigns their employment, the California Labor Code specifies that their final paycheck is due within 72 hours. Your employer is correct in that regard. However, because the employer terminated you within the 72 hour period, that may trigger the other portion of the same Labor Code provision, which specifies that an employer must pay final wages to an employee immediately upon discharge. In any event, the penalty for violation is one day's wages for each day the final check is late, up to a maximum of 30 days. If the employer does pay you within 72 hours, at most you could recover one day's wages.

On the subject of commissions, you should recieve your final commission check at the end of October. California law provides that "he who shakes the tree is entitled to gather the fruit," meaning salespersons who are paid commission are entitled to those payments, regardless of their employment status, as long as they were the "procuring cause" of the sale. If you don't receive your commission payment, you should consult with an employee rights attorney in your area or contact your local office of California's Division of Labor Standards Enforcement.