Legal Question in Employment Law in California
I am a salesman in California. I am paid commission. I am required to acheive a goal each month. I have lost many existent clients because of my "assistant" who is simply there to collect a paycheck. New clients have not been secured because of her incompetence. I have complained numerous times in writing citing exact facts and they force me to stay with her. Now I am being threatened with termination for not meeting goal yet she lost several of my accounts. The staff they have forced me to keep is costing me money and my long term career goals. What recourse do I have?
2 Answers from Attorneys
The question that must be asked is, why is the company requiring you to work with an employee causing you (and, therefore, the company) to lose money? If the answer leads to an unlawful motive (discriminatory, retaliatory, etc.), it would be worth exploring for a legal remedy. If it is simply poor management, there is probably nothing you can do legally, as employers have the right to make personnel decisions as they deem fit. You may not agree with it but it is their company.
If you believe there may be a questionable motive behind this, consult with an employment law attorney to review all the facts and for a legal opinion.
Find a new job. Sorry, but there is nothing 'illegal' about this situation, unless you could show it somehow is based on discrimination under the Civil Rights laws, such as gender, etc. You said nothing to indicate that. .
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