Legal Question in Employment Law in California
I am a W2 employee who works in outside sales. I have an office that I share with other sales people. I closed two sales for which I was owed a commission but management said they wouldn't pay me because the clients were friends of two other sales people. This is irrelevant to the completion of the sales because neither took part in the sales. I made a few requests for payment on these two sales but they fell upon deaf ears. They then locked me out of the computer system so I was unable to do my work or complete my sales that were in process. I went into the office today (Saturday) and the door lock was changed so I was unable to access my office or retrieve my items. I would construe their egregious actions as having terminated my employment. I am due payment on three other sales next week as well as one that I have in process. My client whose sale is in process said that she received a call two days ago from my employer advising her that they would be dealing directly with my client. My client doesn't know anything and asked if everything was ok. Based on their actions, I don't believe that they are honorable enough to pay me for my two recent sales or my current client or for the other two sales. If I am not paid, what are my rights? Lawsuit, arbitration, State Labor Board?
2 Answers from Attorneys
An employee can pursue a claim for unpaid commissions before the California Labor Commission. Alternatively the employee can pursue a claim in court. If the amount is small enough, the claim can be pursued in small claims court.
Here is a page on our site that describes the options that are available to you in this type of situation:
http://www.arkadylaw.com/how-to-recover-unpaid-wages.html
Thanks,
Arkady Itkin
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