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N Cal Atty
N Cal Atty, Attorney
Category: California Employment Law
Satisfied Customers: 8093
Experience:  Since 1983
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I am a 53 y/o female. I worked for a channel director for a

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I am a 53 y/o female. I worked for a channel director for a California software company. I am responsible for filling the funnel, not participating in the sales process. I received commission when the direct sales team, all men, would close one of my leads. My funnel was full, with several large opportunities. The direct team did not close enough by end of year. I was let go because of poor sales numbers. Is that right? No warnings or evaluations. How can I be terminated for something I have no influence?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  N Cal Atty replied 2 years ago.
Are they still paying you commissions as they become due?

Customer: replied 2 years ago.
No. I forfeit all commissions, even if installed and customer not paid yet. They typically do not pay commissions until customer pays. I also have several large opportunities which are expected to close but have not.
Expert:  N Cal Atty replied 2 years ago.
Have they said in writing that you are forfeiting all commissions because they terminated you?
Customer: replied 2 years ago.
All commissions after 30 days in writing.
Expert:  N Cal Atty replied 2 years ago.
My opinion is that that is not legal.

In the event the commissions have been "earned" on or before the date of your termination, the employer must complete the necessary calculations and pay the commissions on the date of the termination in the case of a discharge or a voluntary quit with more than 72 hours prior notice, or within 72 hours of the termination of the employment relationship in the case of a voluntary quit without such prior notice. It is not permissible for the employer to wait until the customary time for calculating the commissions of current employees, nor is it permissible to delay payment of such earned commissions until the next regularly scheduled payday. If the commission has not yet been earned at the time of termination and is awaiting the completion of some legal condition precedent, for example, receipt of the customer's payment, the commission must be paid to you immediately upon completion of the condition precedent.
From
http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

You can file a wage claim with DIR, see
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
but firing you for something that was not your fault may have been a wrongful termination.

It sounds like they made you the scapegoat for your superiors' perceived shortcomings, and I wonder if your gender or age was a factor. My opinion is that confiscating or forfeiting earned commissions is clearly an act of bad faith.

You can get a free consultation from some of the wrongful termination lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Employment-Law----Employee/California

I urge you to follow up on this with a local attorney.

I hope this information is helpful.
N Cal Atty, Attorney
Satisfied Customers: 8093
Experience: Since 1983
N Cal Atty and other California Employment Law Specialists are ready to help you
Expert:  N Cal Atty replied 2 years ago.
Thank you for accepting my answer, and thank you very much for the bonus!

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