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

base plus commission in California)...
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?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will fulltime
JA: Anything else you want the lawyer to know before I connect you?
Customer: i've notified my employer of the situation but haven't heard a response yet. it's been 3 days
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Answered in 2 minutes by:
8/12/2017
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 59,004
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
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Customer reply replied 5 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?
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Customer reply replied 5 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 5 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!
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Is that clearer?
Ask Your Own Employment Law Question
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,086
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: 121,086
Experience: 20+ Years of Employment Law Experience
Verified
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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
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