Employment Law

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My currant employer is refusing paying my commissions after…

Customer Question
My currant employer is...

My currant employer is refusing paying my commissions after I gave my 2 weeks notice. She has never paid me any overtime or sick pay. I have been in her company over a year and half and the document that claims that I am leaving my commissions at the company has never been signed by me. Do I have a case and what are my next steps? I am still in the two weeks time frame of leaving. Can I leave before I finish that time period?

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

State of California

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

So the official contract says that I am not a full time employee, but technically in my records I have a lot of days that I have been working more than 8 hours

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

That will be all. I can give more details to them. Thank you

Submitted: 9 months ago.Category: Employment Law
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Answered in 1 minute by:
9/8/2017
Employment Lawyer: Roy Hadavi,
 replied 9 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,293
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney with extensive labor law experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 9 months ago
Thank you
Employment Lawyer: Roy Hadavi,
 replied 9 months ago

You may wish to begin by preparing a demand letter to your employer for the unpaid wages, unpaid overtime and any other claims you may have (such as unpaid rest breaks). Also, you should be aware that California employees can claim waiting time penalties for an employer's failure to timely page wages (click here for more information).

If the employer refuses to pay you the demanded amounts, or if you feel that a demand letter would not be beneficial, you can proceed to filing a claim with the California Department of Labor (click here for information on filing a claim).

2 weeks' notice is generally just an accepted courtesy of employment, unless your contract for employment with the company requires 2 weeks' notice, this would not be a legal requirement.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 9 months ago
May I file the claim after I leave the company?
Customer reply replied 9 months ago
I am afraid I won't get paid for the remaining time I have there. I don't feel I need to stay any longer. If I don't complete the that time, can I file the complaint after that?
Employment Lawyer: Roy Hadavi,
 replied 9 months ago

Yes, you may. Depending on the type claim, you have between 2 to 4 years to file it.

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Employment Lawyer: Roy Hadavi,
 replied 9 months ago

Also, any time that you work, you are entitled to pay and can include all of that time in the claim.

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Customer reply replied 9 months ago
Thank you very much for the quick response. I will be in touch with any other questions that come up. And will make sure to give 5 stars :)
Employment Lawyer: Roy Hadavi,
 replied 9 months ago

You're very welcome! Good luck!

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Employment Lawyer: Roy Hadavi,
 replied 9 months ago

Please do not forget to rate my services at the top of the page, otherwise I get no credit for helping you today.

Ask Your Own Employment Law Question
Employment Lawyer: Roy Hadavi,
 replied 9 months ago

Please do not forget to rate my services at the top of the page, otherwise I get no credit for helping you today.

Ask Your Own Employment Law Question
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