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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37639
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am about to give notice and quit my current job. My last

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I am about to give notice and quit my current job. My last day will be in the first week of january. There is a commission structure here that is paid quarterly with the next one ending 12/31. Can this be withheld from me when I leave even though I worked throughout the whole period? Also, can holiday pay for new years eve and day be withheld?
Good morning,

I'm Doug, and I'm sorry to hear of the confusion.

Under CA law, so long as you have done all the work related to the commission, and it is only the passage of time that is needed for the payout of the commission, it may not be withheld from you simply because at the time of scheduled payment you are no longer an employee of the company.

So long as you are still an employee, if the employees get holiday pay, then you will be entitled to it as well.

I might caution that you could run into a problem if you give your notice early. Many employers automatically terminate employees who give notice. And if you are terminated before the end of the quarter---even if it is without cause---you will not have worked through the entire quarter, and the employer may avoid paying you your commission as well as the holiday. The only benefit you would have would be able to claim unemployment from the date you are let go, to the date you gave as your last day of work.

Under the circumstances, you should reconsider giving your notice at this point in time. You might well notice yourself right out of your commission and holiday pay.

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I wish you the best in 2012,

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