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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I work as a 100% commissioned sales person. I was told the

Resolved Question:

I work as a 100% commissioned sales person. I was told the other day that I will not be paid my full commission because I didn't catch an error on my commission statement. Is this legam in the state of California?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
No, your employer cannot change the terms of your commission agreement due to you having made an error on your commission statement.

If your employer tries to not pay you your full commission amount, you can file a wage claim with the Department of Industrial Relations for the amount that your employer fails to pay you.

You can file a wage claim using the forms available online here:
Customer: replied 4 years ago.
they admit that they made the error but are refusing to pay me because they overpaid others but underpaid me and said they would have to correct everyone's commission. What is my recourse?
Expert:  Joseph replied 4 years ago.
You can file a wage claim against your employer for the amount that you were underpaid if they refuse to correct their error in underpaying you.

Alternatively, you could file a case in small claims court, but filing a wage claim is easier, and also free.
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