Legal Question in Employment Law in California

My rights during a layoff

I was told yesterday that I was being laid-off due to restructuring pains. I am a sales manager and of late have found many small questions about key accounts. Two in particular are all but finalized and set to bring over 3.1 million dollars to the company. I have worked on these accounts for over a year under the good-will notion that I would reap the benefits of my labor and now that the deals are set, I am being pushed out the door. Is there anything that I can do? Are there any precedents on this type of situation?


Asked on 10/23/01, 8:39 am

2 Answers from Attorneys

Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: My rights during a layoff

This partially depends -- the crucial question is whether or not you are paid on a commission basis (or partial commission). If you are, then the case law says that you cannot be fired to deny you a commission on amounts that were about to come due.

Good luck.

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Answered on 11/25/01, 11:29 pm
Ken Koury Kenneth P. Koury, Esq.

Re: My rights during a layoff

Unless they made some specific promise to you re those accounts you are screwed.

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Answered on 11/22/01, 2:12 pm


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