Legal Question in Employment Law in California

Payment on Commissions

For a short time, I was working in Real Estate. I had one client whom which sold their home and purchased one for them. I am a rookie at Real Estate. This was my first and last client. After the close of escrow(June 6,2000), the company I was working for has withheld one of the commissions. It was for the property they purchased. They are withholding the commission because there is a couple of missing signatures. These signatures are from the other agent's clients. They have since moved to Chicago and are not my client in the first place. The other agent has not returned my phone messages to him. My question is, It seems to me that a sales person in real estate cannot work unless under the supervision of a broker. Then the broker should be responsible for any and all the legal forms and paperwork being filled out. In addition, they said the will give me my commission if I sign a statement releasing them from any responsibilty of problems that could arise. In which I don't forsee any, but you never know. What rights do I have in collecting the commission. What rights do I have in the amount of time they have held my check.


Asked on 8/14/00, 8:12 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Payment on Commissions

The usual procedure when an employer does not pay an employee wages is to file a complaint with the California state labor commissioner. I do not know offhand if they treat commissions the same as wages. If they do, they are very efficient at collecting the money for you. It for some reason they do not collect commissions, then you'll need to go to small claims court. You're not required to sign any kind of release in order to get commissions that are owed to you.

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Answered on 12/01/00, 9:23 am


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