Legal Question in Employment Law in California

Unpaid Commission

I worked as a sales rep who received commission on patients, 1/2 upfront on private (rest when the company received payment) & full commission on workers comp , only when they received payment. Unknown to me until later, they did not have billing set up or active for the first three months I was working for them. I terminated my employment with them last week (after 5 months) & was told that I am not to receive any commisions from that point. However, they were not billing, so my question is: Do I have a legal right to receive the comissions on patients I had brought in, but that they did not yet bill for? I would like to ask them for any commisions on patients I brought them that would come through over the next three months to make up for the time lost. Thank you for any advice you can offer me.


Asked on 10/30/07, 7:53 pm

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Unpaid Commission

You are entitled to the commissions in which you earned through the rendering of your services. Generally, commissions are governed by the agreement between the employer and the employee. It appears that your employer wants you to forfeit your commissions based on their lack of billing. CA courts don�t like forfeiture of commissions. You can either hire an Attorney to write a demand letter, file a civil suit, or you can go to the labor commission and file a complaint for the commissions that you think that you are entitled to.

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Answered on 11/08/07, 1:13 pm


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