Legal Question in Employment Law in California
Unpaid commissions/co sold
I was not paid my commissions in
full.
Can I go after the CEO of the
company I worked for or do I have to
sue the new company that
purchased the co. The commissions
were earned prior to the co. being
sold.
My commission agreement was in
the form of an email from the CEO of
the orginal company. Can I go after
him since he was the one who
decided not to pay me?
2 Answers from Attorneys
Re: Unpaid commissions/co sold
Go after both of them and let them fight it out between each other who owes the money.
Re: Unpaid commissions/co sold
In CA, commissions are considered wages under Lab C �200. Thus, your commissions should have been paid to you at the time you were terminated or within 72 hours after quitting. Lab C �227.3.
You have several options. You can either pursue this with the labor board, or as Mr. Kirschbaum pointed out, you can sue the CEO and the company that acquired the old one. If the old one is still around (the one you used to work for), name them as a defendant, too.
Best of Luck!
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