Legal Question in Employment Law in California

Unpaid Commission after resignation with Contract

Per contract-I was paid base salary plus $amount per mortgage loan file processed - as a commission (clearly stated on paystub and on my contract).

I gave 2 week notice. On my last day (the 30th), I was paid my base salary only. Per management, I would get paid my commission on the 15th of the following month. (Standard to get paid commission on 15th of every month) so I agreed thinking that was how it worked. I received a check yesterday which was 1/3 of what they owed me.

Q: Can they change my commission owed since I resigned?

Q: Should they have paid me commission on my last day?

Thanks!


Asked on 10/20/03, 6:08 pm

2 Answers from Attorneys
Alden Knisbacher knisbacher law offices

Re: Unpaid Commission after resignation with Contract

They cannot change the commission structure; You should file a wage claim with the Labor Commissioner in your area -- it's part of the Department of Labor Standards Enforcement.

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Answered on 10/22/03, 9:47 am
Donald Holben Donald R. Holben & Associates, APC

Re: Unpaid Commission after resignation with Contract

Based on commission schedules you stated, I believe they were ok by paying commission as normally done, however, do not understand their change in amount. May want to take to labor board, or call. Don Holben 800-685-6950

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Answered on 10/22/03, 12:34 pm


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