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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11035
Experience:  Significant experience in all areas of employment law.
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I work in California. I work on a base salary + commission

Customer Question

I work in California. I work on a base salary + commission on jobs I sell. I am paid the commission when the job is completed, based upon the margins it brings in. If I leave the company and still have jobs under contract that have not yet been completed, or even started, am I due the commissions on those jobs once they are completed, whenever that may be, if they are under contract at the time that I leave
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. The language of your contract will control. If your contract provides that commissions are not "earned" until the job is complete, then you would not have any entitlement to commissions for jobs that are incomplete at the time you leave the company. If your contract is silent as to when commissions are earned, the something called the "procuring cause" doctrine will generally apply. This doctrine holds that where an employee is the primary or "originating" cause of the deal upon which the commission is based, the commission will be deemed earned even if the employee subsequently leaves the company. The employee will be deemed the "procuring cause" of the deal and on that basis they are owed the commission. (See Brea v. McGlashan, 3 Cal. App. 2d 454) If your employer doesn't pay you your earned commissions, you can file a wage claim with the Department of Labor Standards Enforcement. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Customer: replied 6 months ago.
Follow up, the original parent company I worked for was called Masco of California, the beginning of this year, we spun off of the original parent and became our own corporation which is TopBuild, dba TruTeam of California. I do not know the original wording of my contract, but I know I did not sign a new contract with the new Corporation. Does this make a difference?
Expert:  Patrick, Esq. replied 6 months ago.
It should not make a difference, as the terms of your original contract would typically be presumed to transfer over to the new employer. I hope this clarifies. Again, please feel free to let me know if you have any further concerns.
Expert:  Patrick, Esq. replied 6 months ago.
Were you able to view my response? Please let me know if there is anything else I can do....

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