Legal Question in Employment Law in California

Sales Commissions

I have a signed employment contract that states my base salary and my commission percentage on all sales I close, these are construction sales so their is also signed contracts for the work. My company in the past as payed these commissions at the correct percentage but with new management they have refused to pay my commissions which are approaching 30k for the last few jobs I have sold. I have not signed a new employment contract and my current one states a 4% commission on all sales do I have any recourse to collect on these commissions? Thank you


Asked on 10/25/04, 2:15 pm

3 Answers from Attorneys

Okorie Okorocha California Legal Team

Re: Sales Commissions

without seeing the contract it is hard to say. Did the new owner/manager assume all of the pending contracts? Was there any clause in your contract allowing new management to modify the contract? Did you get a reason for this?

Thanks

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Answered on 10/27/04, 3:20 pm
Thomas Pavone Pavone & Cohen

Re: Sales Commissions

The contract will determine whether you have a claim. Is it for a specific term? Can the employer modify the compensation? Generally, an employer can modify compensation for the future, but must pay all sums accrued prior to the modificaiton. However, if the agreement is for a specific term and and you are within that period, modification may not be permitted.

If you would like a more detailed review, feel free to contact me for a no cost consultation.

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Answered on 10/27/04, 3:49 pm
Terry A. Nelson Nelson & Lawless

Re: Sales Commissions

You can file a wage claim with the Labor Commissioner, or you can file a civil lawsuit. Either way, you probably need an attorney to represent you at the hearings and trial because it will be fought by the company and their attorneys. Contact me if interested. You can recover your attorney fees if you succeed. You will have to be able to prove to the judge the facts and what policy applies to your claim.

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Answered on 10/27/04, 5:12 pm


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