Thank you very much for your reply.
I don't see any basis to deny commission payment entirely. However, it would seem that the agreement supports calculating your commission based on the discounted bill, not the original invoiced amount.
I base this conclusion primarily on the following provision: "Commission is paid by the end of the month following the month in which any portion of the sale was billed, posted and funds collected
, and are subject to adjustment."
At this point, the funds have been collected. The funds are also subject to adjustment because there was an "oral or written [concession], given to the customer prior to the earning event(s) for the sale.
Since the first clause I cited entitles employees to commissions only once the funds are "collected," the earning event (the event which trigger an obligation to pay) is intended to be the receipt of payment and not the invoice for the sale. To me, this is rather clear based on the language of the agreement.
Of course, this does not mean that your employer can "adjust" the commisison to zero, it simply would mean that your employer may calculate your commission on the basis of the reduced sum your employer actually collecting from this client. That is the only reasonable assumption to draw from this contract language.
Since vested commissions are a form of wages earned, an employee in your circumstance may file a wage claim with the Department of Labor Standards Enforcement to obtain this unpaid money. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
I hope that this provides clarification.
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