Company declining to pay earned commissions after lay off.
I was laid off in July 2001 from a company located in Massachussetts. I had $15K in commissions due to me for sales made. They pay 50% at time of order and 50% when collected. The 15K is for the 2nd 50%. The company refuses to pay saying that the commission plan stipulates paying only when employed. Is there any legal action that I can take?
1 answer | asked Apr 16, 2002 12:31 PM [EST] | applies to California
Answers (1)
depends on your agment
if your commission plan specifies that your commissions are earned at the time the order is booked, and there are no chargebacks against the order, you are entitled to the pay. it's vested when earned. they may not divest you of earned income by firing you or laying you off.
contact the dept. of labor standards enforcement, in the government pages of your phonebook under state of california. if this is happening to numbers of persons, it is worthwhile for you to see an attorney who specializes in employment law. if you are in southern california, please call me for an appointment.
janet koehn
805-658-0655
posted by Janet M. Koehn | Apr 16, 2002 2:00 PM [EST]
if your commission plan specifies that your commissions are earned at the time the order is booked, and there are no chargebacks against the order, you are entitled to the pay. it's vested when earned. they may not divest you of earned income by firing you or laying you off.
contact the dept. of labor standards enforcement, in the government pages of your phonebook under state of california. if this is happening to numbers of persons, it is worthwhile for you to see an attorney who specializes in employment law. if you are in southern california, please call me for an appointment.
janet koehn
805-658-0655
posted by Janet M. Koehn | Apr 16, 2002 2:00 PM [EST]
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