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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4983
Experience:  Extensive experience representing employees and management
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Good afternoon.....I was asked to become the Director of Sales

Customer Question

Good afternoon.....I was asked to become the Director of Sales for an apparel company. I agreed and we shook hands. I said I wanted a 2% override commission on all net sales made by the reps. They agreed. I was then asked to find new sales reps for New York, California, Texas and Georgia, which I did. Because the sales made would not be shipped until April, May and later, I agreed to accept June 15th as when my first commission cheque was due. It has not been paid. Am I able to sue please?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Ely replied 1 year ago.
Hello Paul. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me if - while there is no agreement - there are at least texts or emails that confirm the verbal agreement in any way?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

...my computer was hacked just before January 17th 2013. I lost all my emails....I can get the sales reps I hired to verify that they were approached by me as "Director of Sales" for the company. Then I have copies of the contracts they signed with the company after I hired them.
A couple of weeks after I hired the last Rep I was informed that the owner of the company did not want me to have anything to do with the Reps and that she would handle all the communications! Absurd! They used me to get the Reps and then discarded me......!

Expert:  Ely replied 1 year ago.
Hello friend,

My apologies for the delay! Can you please clarify for me if you were hired as an employee, or, contracted as a contractor?
Expert:  Joseph replied 1 year ago.
Hello,

Different expert here. This question was changed to the California Employment Law category, and the previous expert who replied is not licensed in California. Please permit me to assist.

Yes, you can sue for an unpaid commission from your employer (or who you were contracted with). If you were terminated from your position, you are entitled to receive payment for all unpaid commissions immediately after they earned (or paid).

If you were an employee, then you can also file a wage claim against your employer for the amount of the commission that is owed. In addition to the commission, you would also be entitled to a day's wages of penalties per day you were required to wait to receive the commission owed to you.

You can file a wage claim using the information available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Customer: replied 1 year ago.

......I'm sorry Ely! You first told me 14 minutes to get reply! I needed yesterday but only got a reply very late!

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