Legal Question in Employment Law in California

Are sales commissions considered wages ?
A company I worked for continues to owe me commision monies on new accounts I developed in 1998 and was due and payable when I left the company in December 1998. I asked for this past due money via letter and received a response from the President and CEO stating it would be paid no later than August 31, 1999.

Not receiving a check as promised prompted me to send another letter the first week of September. After two weeks I called the CEO and asked if he had received my letter, he said "no and being so busy it did not suprise him". I explained what the letter was about and asked when he intended to pay the past due monies. He explained he had just filed Chapter 11 and proceeded to ramble on but did state he would live up to the payment of commissions.

I don't trust this man. He has mislead me before and now I belive he has lied, stating he never received my letter.

My question. Is commission considered wages and can I collect this money through the California Department of Labor or some other agency regardless of the Chapter 11 filing?

Asked on 10/11/99, 12:27 pm

Thomas Pavone Pavone & Cohen

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Re: Are sales commissions considered wages ?

Yes Commissions are wages and the California Labor Commissioner, Division of Labor Standards Enforcement is the agency you should file with.

The Bankruptcy filing will no doubt complicate things.

Answered on 10/11/99, 8:50 pm

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