Legal Question in Employment Law in California

Unpaid Wages

I was recently terminated from my employer. I am a sales executive and I was paid a base salary and percentage of sales I made. My ex-employer said that I made some mistakes and also some complaints from customers who indicated that they did not authorize certain deals. After being terminated... I made an account of my sales prior and I was not given a final paycheck. Do I have a case based on un-paid wages and how do I go about collecting?


Asked on 1/08/04, 7:42 pm

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Unpaid Wages

File a claim with the labor board.

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Answered on 1/13/04, 11:44 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Unpaid Wages

If you are still owed commissions, the company does not have to pay those commissions until it would ordinarily be paid, such as upon delivery of the product, payment by the customer, etc.

The terms of your commission agreement are very important, as well. Many companies have contracts that say they won't pay commissions unless you are still employed, particularly, if there is more service to be performed by ther salesman.

However, if you were the procuring cause for the sale, and there is nothing left to be done, you have a good argument that you are owed the commission when it would normally be due and payable. Write a certified letter to your employer with your accounting and ask that they pay you as soon as the commission is due, or provide an explanation why they believe they don't have to pay you. If you are not satisfied, file a claim with the California Labor Commissioner or see a labor law attorney near you.

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Answered on 1/12/04, 9:03 pm
Terry A. Nelson Nelson & Lawless

Re: Unpaid Wages

You can file a claim with the Labor Commissioner, and can hire an attorney to represent you in the hearings and trial, if the amount in question makes that economically practical. Contact me if interested.

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Answered on 1/12/04, 9:41 pm


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