Legal Question in Employment Law in California

This question is regarding pay from previous employment. I no longer work for his company but have some money owed to me. This was a full commission position selling a high ticket item. I was told a check was in the mail for me and I should expect it in a few days. A few days passed and I did not recieve my check. So I tried to contact my old boss to find out what happened. Unfortunately, he would not answer any of my calls and did not return any calls. I finally got a hold of him the next day. I was very upset as he was the one who told me the "checks in he mail." Now he's telling me the check was never sent because of the loan process. The item my customer had purchased was financed through a partner loan company. He says the loan company has not paid us yet for the item. It's been over a month since the customer signed the loan docs and received the item. Now I was told I would be paid when they receive the money in their acct. Can they change the rules on me like that?


Asked on 1/27/11, 2:04 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

No, they can't change the rules retroactively. Commissions are paid by contractual agreement. Whatever the terms of the contract (whether written, verbal or implied) were when you made the sale, are what apply. If you believe the company is stringing you along, you can either file a wage claim with the Division of Labor Standards Enforcement or hire a lawyer to go after the money civilly.

Read more
Answered on 2/08/11, 1:15 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California