California Employment Law

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My commission was deferred. My commission statement says the…

Customer Question
Hi My commission was...

Hi My commission was deferred. My commission statement says the company can defer at their sole discretion and they can change the account owner. The problem is it is $61K and I was depending on the commission. I'm wondering if I quite, does the company still have to pay me or can they say they are switching to a new account manager and I get left with no commission?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Manager and I received a commission statement with the vast majority of my commission deferred. I received news on Friday at 2pm and was paid out this weekend. So I had no notice this would happen. Although I signed the Commission statement last december for the year, I had no notice this would happen.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At Will I'm in California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have the documentation. I also have been looking for another job. So I'm not sure if this could be part of that.

Submitted: 2 months ago.Category: California Employment Law
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Customer reply replied 2 months ago
Here is additional information
Customer reply replied 2 months ago
My quesiton is, I have been told if I quit, the company has 72 hours to pay me. I would prefer to quit and get the money. But, if I quit, will they pay me the full amount?
Customer reply replied 2 months ago
The revenue has not been earned yet. They have only paid one invoice of their 1.75M PO. So I'm trying to know if since this is not earned revenue yet, is it owed to me. Would the company have to continue to pay me out even if I left?
Answered in 1 day by:
5/3/2018
California Employment Lawyer: Josie-Mod,
 replied 2 months ago
Josie-Mod
Category: California Employment Law
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Ask Your Own California Employment Law Question
Customer reply replied 2 months ago
I’m ok waiting
California Employment Lawyer: DamienJD, Attorney replied 2 months ago
DamienJD
DamienJD, Attorney
Category: California Employment Law
Satisfied Customers: 5,074
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney.

You mention that the commission has not been earned yet. So, I am not quite sure why the company would have to pay you for the unearned commission. Are you saying that if the sales go through at a later date, then the commissions would be considered earned?

Also, you mention 72 hours that the deferred payment must be paid after quitting. That sounds a bit unusual since it would be an incentive to quit.

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