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I am a Sales Rep based in San Francisco, CA. I hit my Q4 target and am currently at 115% of my goal. My company is based in Chicago and my contract states that I will receive 1% of all sales I brought in and $25,000 upon hitting 100% of goal, or$10,000 upon hitting 90% of goal. I recently put in my two weeks notice and my last day of work will be 12/8. I expect to receive my bonuses as I have already hit the sales targets. However, my company is very sleazy and I think they will try to withold this from me. Is there anything I can do to get my rightfully earned bonus? Is this protected by CA Labor Laws????

Submitted: 362 days and 13 hours ago.

Category: Employment Law

Value: $15

Status: CLOSED

San Francisco, California

Already Tried:
Nothing else.

Posted by INFOLAWYER 362 days and 13 hours ago.

Answer

This would be protected by contract law. If the employer has agreed to set bonuses and commisions based on performance and you have performed and earned such fees, you will be able to pursue the employer by direct lawsuit.

362 days and 13 hours ago.

Reply

Can they say we do not have to pay you because you did not finish working in Q4 12/31/2008 - since my last day will be 12/8/2008?

Accepted Answer

They can make that argument but you have a valid argument that commissions have been earned. For them to win they have to show that there is a rule in place that commissions are forfeited if an employee leaves before the end of a quarter.

Accepts:
Expert:	INFOLAWYER
Pos. Feedback:	95.4 %
Answered:	11/25/2008

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San Francisco, California

Already Tried:
Nothing else.

Answer

This would be protected by contract law. If the employer has agreed to set bonuses and commisions based on performance and you have performed and earned such fees, you will be able to pursue the employer by direct lawsuit.

Reply

Can they say we do not have to pay you because you did not finish working in Q4 12/31/2008 - since my last day will be 12/8/2008?

Accepted Answer

They can make that argument but you have a valid argument that commissions have been earned. For them to win they have to show that there is a rule in place that commissions are forfeited if an employee leaves before the end of a quarter.

Employment Law

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Question

Optional Information

San Francisco, California Already Tried: Nothing else.

Answer

This would be protected by contract law. If the employer has agreed to set bonuses and commisions based on performance and you have performed and earned such fees, you will be able to pursue the employer by direct lawsuit.

Reply

Can they say we do not have to pay you because you did not finish working in Q4 12/31/2008 - since my last day will be 12/8/2008?

Accepted Answer

They can make that argument but you have a valid argument that commissions have been earned. For them to win they have to show that there is a rule in place that commissions are forfeited if an employee leaves before the end of a quarter.

Related Employment Law Questions

San Francisco, California

Already Tried:
Nothing else.