California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for entrusting me to answer your question. I see that you have listed this as a CA employment law issue but yet the company is located in Texas. Have you been working this time in the state of California?
I will assume for the sake of my answer that you have been working out of the state of California, which would mean that California and not Texas law would apply. California law holds that commissions are "wages" within the definition of the Labor Code.
Labor Code 201 provides that all wages must be paid to an employee immediately upon their termination.
An employer can face penalties and fines for failing to pay all wages upon termination (See Labor Code 203)
An individual in this circumstance should typically file a claim with California's Department of Labor Standards Enforcement. Here is a link to their website: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Now, the only potential issue here is that the commission has not yet vested.
If the commission hasn't yet vested, then it would probably not be considered a wage presently "owed."
If you can argue that the commission has vested, then the company would likely be in violation of Labor Code section 201.
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