Legal Question in Employment Law in California

I am a technology sales manager, based in Southern California. Recently my employer informed me that as part of a cost re-alignment in North America my sales position was being eliminated immediately. Here is my question part of my compensation was a 5% comission on sales I closed. My 2012 compensation plan is silent to the topics of termination and orders in the procurement stage when seperated from the company.

I have 10 orders that were placed or in procees the employer is refusing to pay comission on.

What California Labor Code(s) cover work sales comission for work completed or in process at the time off my your employer.

Thank You


Asked on 9/28/12, 6:16 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

What California Labor Code(s) cover ...

None that will help you unless your commission is already 'officially' accrued and payable. Commission accrual and payment is per the company policies. Frequently they provide for payment only if you are still employed at the time periodic payment is due. Thus, it is a contractual obligation, not Labor Code. If yours are accrued and they refuse payment, feel free to contact me for legal help collecting.

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Answered on 9/28/12, 6:23 pm


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