Legal Question in Employment Law in California
Receiving commissions after resigning
I am a Technical Recruiter. I work for a company as an independent contractor. I am not paid a salary or benefits. They do pay my internet and telephone bills. If I place someone on a contract assignment(which can last from 3 weeks to 3 years), I am paid. I am paid a % of the gross profit that the company I work for earns.
I am thinking about leaving. The company I work for has indicated that if I leave, my commissions will stop. I do not have a signed agreement. However, they did send me an E-Mail when I started 4.5 years ago. The important info follows:
Should we terminate this relationship you will receive a trailing commission for up to 6 months on all contractors placed under the new relationship that are still active.
This arrangement is not an employee-employer relationship. Rather, it is a vendor-client relationship. You will be paid your commissions from our accounts payable department. This relationship can be terminated at any time by either party.
I would think that I would be entitled to commissions until my contractors end their assignments. I am not paid unless I place people.
2 Answers from Attorneys
Re: Receiving commissions after resigning
You have sufficient proof of terms to justify a claim if they refuse to pay as agreed. If that happens, and if the amount in question is sufficient to justify have counsel help you, feel free to contact me.
Re: Receiving commissions after resigning
That email you received is a binding contract that you can enforce in court should they refuse to pay your commissions. Make sure you have all of your records before you leave.
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