Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

If my employer messed up my commission (im a sales person ..

If my employer messed...

If my employer messed up my commission (im a sales person .. base plus commission in California) and I"m out $400+ on this upcoming check which would create a temporary hardship for me, do I have legal recourse for this?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will fulltime

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

I've notified my employer of the situation but haven't heard a response yet. it's been 3 days

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
8/12/2017
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 61,659
Experience: Licensed attorney helping employers and employees.
Verified
Greetings! I am a legal expert on the site and am working on your question.On review of your facts, you have a good case.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage.You stand to recover not only your actual losses (compensatory damages) but also interest, costs and legal fees. on occasion special damages (punitive damages) are also available.By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please let me know if that is acceptable and feel free to reply back and follow up
Ask Your Own Employment Law Question
Customer reply replied 9 months ago
This is the first time it happened, so there isn't a pattern per se but I'm just out hundreds of dollars that I need right now for bills such as rent and utilities.
I would see if can be resolved by demand but you have the options I mentioned too.
Ask Your Own Employment Law Question
Good luck.
Is the reply fast and clear?
Ask Your Own Employment Law Question
Customer reply replied 9 months ago
an employer can screw up a commission payroll check and the employee whose abided by the rules and did their job successfully can just suffer due to an employers mistake that will take 2-4 weeks to be reconciled? That doesn't seem fair for the employee.
The employee is entitled to be paid. If not corrected employee can seek It from the court along with penalties and legal fees and can negotiate for that too!
Ask Your Own Employment Law Question
Please let me know if that is acceptable and feel free to reply back and follow up
Ask Your Own Employment Law Question
Customer reply replied 9 months ago
I understand that, but it still seems like the employer has gets to make a mistake like this and "get away" with it, while I'm stuck in a tight position where I'm short $400+ that I was relying on during this pay period. What I want to know is what can I tell or say to my employer so they will rush to cut me a check for the amount owed on Monday August 14th for example.. and not make me wait until the next paycheck which is August 30th
If not resolved you may recover much more than the balance so he doesn't get away with it. If done to others a class action is also an option!
Ask Your Own Employment Law Question
Is that clearer?
Ask Your Own Employment Law Question
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,382
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as you opted out your previous contributor.
I disagree with your previous contributor's comments.
First of all, even in CA, if an employer makes a one time error in payroll (you said this is the first time) the employer is allowed to make the corrections by the next regular pay day. CA law does not punish an employer for a single error. If the employer continuously makes these mistakes, then you have cause for legal action against the employer for violation of the CA Wage Act and the Fair Labor Standards Act, which provides that for improper payment of wages you can sue for 2 times the wages due, as liquidated damages and if you prove it is willful and malicious, you can sue for 3 times the wages due, plus attorney's fees.
Now, you said above this is a first time error, you cannot just run to court on a first time error, you have to give the employer notice and they have a right to make correction on a first time error and the law says they should make it right by the next regular pay day. That means the employer could make it right prior to that, but they have up to the next pay date to make the correction.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,382
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 124,382
124,382 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

61,659 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I'm not sure if this is qualifies as a employment law
I'm not sure if this is qualifies as a employment law question, but here go: … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have a question about minimum wage and if it can be
I have a question about minimum wage and if it can be deducted from later checks while working a commission based job. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Just had a couple of questions regarding employment laws for
just had a couple of questions regarding employment laws for Exempt Full time salaried employee … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
Employee quits without notice and gets mimium wage is that
employee quits without notice and gets mimium wage is that legal in ohio … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Do you deal with employment law? A company is running a
a company is running a background check on me I was just wondering if I need to disclose a civil lawsuit that was dismissed almost 7 years ago … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My case is a employment law case. I was terminated on
i was terminated on 8/2/2017 and asking the court for my job back,. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
I recently had a payroll check voided by the company that I
I recently had a payroll check voided by the company that I work for and they have not made it right as as of today … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,436 satisfied customers
Do you handle employment law, for unpaid wages and overtime?
Hello, do you handle employment law, for unpaid wages and overtime? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I recently filed a overtime wage claim form I mailed it in
HI I recently filed a overtime wage claim form I mailed it in to the department of labor friday … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,382 satisfied customers
As an Human Resource and Payroll Manager, are there certain
As an Human Resource and Payroll Manager, are there certain employment laws I should be privy to?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
Is it legal for an employer to withhold a payroll check from
Is it legal for an employer to withhold a payroll check from an employee when a non intentional loss occurred … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Lunch deductions from payroll but was never given the time
Lunch deductions from payroll but was never given the time to take my lunch … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer failed to pay me for two pay periods in which I
My employer failed to pay me for two pay periods in which I worked … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,382 satisfied customers
If an employee who handled payroll, and they add extra money
if an employee who handled payroll, and they add extra money to a payroll check and the employer signs it. And then after employee was fired it was found, what type case is it. does it fall in civil c… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
My employer has failed to meet payroll dates. My wages were
My employer has failed to meet payroll dates. My wages were due Feb 5th for all of January. This morning he offered me $500 dollars cash towards my January wages. I replied that I want my entire check… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This question is regarding California Employment Law. I
This question is regarding California Employment Law. I would appreciate a quick response as I would like to make this change, starting tomorrow:I have a part time employee working 25 hours per week. … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I was wrongfully terminated with wages withheld after many
I was wrongfully terminated with wages withheld after many years of workplace harassment, discrimination and bullying. I live in NY, what are my legal rights? … read more
Infolawyer
Infolawyer
Lawyer
61,659 satisfied customers
My employer keeps making excuses as to why payroll is
My employer keeps making excuses as to why payroll is delayed. I was payed for last payroll, but still havent been paid for payroll before that. It's been a month since that check should have been wri… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
124,382 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x