How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33489
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

My daughter is employed as one of only 2 female brokers for

Resolved Question:

My daughter is employed as one of only 2 female brokers for a major commercial lender. She and her partner/supervisor have worked over a year to get a big account, discount their fees on smaller deals. Right before they landed the $65 million deal, biggest in their branch, another branch manager in the bigger market place fired her partner/manager (model employee with 12 yrs at the company), and inserted himself into the deal, taking half of the commission, and splitting the other half for the fired manager and my daughter. the deal was not won yet, many competition bidding for the same loans. My daughter's work doubled, she lost a working analyst-partner.
She got the client to go with her but she is demorized (getting the least amount of money in commission of 4 brokers involved - fired one, new boss (50%), outside broker who brought the deal to them, and herself), pressured (working 80 hrs a week, sometimes 24 hrs in a day so they can submit the package). Her new boss yells and has a different business style, and she has told him many times that it would not help the deal, which is index sensitive and is not a done deal until the rate is locked...right now the rate is going the other way..and she is getting yelled at a lot from both sides.

At this point, she does not care, waiting to quit if things get worse.
If she quits, there is no severance pay or settlement for the work she did so far. Terminated partner got both, though the termination was wrong. At will employee, though. human resources protects the company with 700+ employees. If she can get the client to lock the rate (and not go to competitor in the meantime), they make about $120k on their side (she makes $25k maybe) and later when the loan is sold, she can make another $50k. She is so beat, that she doesn't care. Exhausted and demoralized.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Hello,

Thanks for your statement of facts. What legal question can I "justanswer" for you?
Customer: replied 3 years ago.
Does she have any legal ground, without litigation to protest the new commission split as a result of this termination of her partner?
The new boss is taking 50%, and she and her old partner (via settlement agreement) is splitting the remaining 50%, half and half. They are still paying all of the cost of concessions out of their share.
Her work doubled, and she got her commission cut from 50% to less than 25%.

Is there enough ground to turn this issue into labor board?
Expert:  socrateaser replied 3 years ago.
A sales commission is the property of the salesperson at the time that the commission is fully earned. Harris v. Investor's Business Daily, Inc., (2006) 138 Cal.App.4th 28 at 41, 41 Cal.Rptr.3d 108 at 118.

The issue for your daughter is when, under her employment contract, is her commission fully earned? This is a question of contract law interpretation. Commission agreements may be expressed in an employer's offer letter, a job description, an express contract/agreement, or implied by employer's prior conduct with the employee -- thus, the issue is not easily determined. With a very large commission, as your facts suggest may be in play, the issue may be worth litigating.

Assuming that the commission was fully earned at the time the new manager inserted himself into the account, then your daughter can recover the entire commission in court.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!


socrateaser, Lawyer
Satisfied Customers: 33489
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.