Legal Question in Employment Law in California

Repayment of Commissions after employment termination

I was paid commission for a completed sale, which was subsequently cancelled after the date of my termination(for reasons unknown to me). Now, my former employer is seeking reimbursement of the commission, even though there was no employment contract between us. It was unwritten policy to require return of commissions upon subsequent cancellation during employment, but I do not see how they can demand repayment after my termination of employment absent some sort of agreement to such.


Asked on 2/19/03, 12:33 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Repayment of Commissions after employment termination

if you completed the sale and were entitled to the commission on the sale, you may not have to return the commission amount to your employer upon your termination under an unjust enrichment theory of law. email me more facts on your case from start to finish if possible and i can better advise you of your rights against your employer now.

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Answered on 2/21/03, 8:55 pm


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