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Live in California highly paid in sales 90 per cent salary…

Customer Question
Live in California highly...

Live in California highly paid in sales 90 per cent salary 10 per cent commission, only one in 200 person company that works 6 days a week.

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

Other salesman in my salary bracket work 5 days a week and people above me work 5 days a week. I have never been compensated for the extra time like PTO or extra vacation. Been going on for 20 years. Do I have a case?

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

No

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

I am close to retirement. Do I pursue this or drop it.

Submitted: 7 months ago.Category: Employment Law
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Answered in 3 minutes by:
11/16/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,240
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Do you have any suspicion as to why you are being treated differently than the other employees? Also, are you primarily engaged in sales AWAY from your employer's place of business? I very much look forward to helping you on this matter.

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Customer reply replied 7 months ago
My sales are away from 4 separate warehouses and offices I sell from. I work out of my house and drive 75000 miles per year.
Customer reply replied 7 months ago
no just email the answer.
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

My apologies for the delay but I had logged off by the time you responded. Unfortunately, it does not appear that you responded to the first of my two questions, which will likely be determinative to the answer here. Can you please let me know whether you have any suspicion as to why you are being treated differently than the other employees? For instance, your race, religion, or something along those lines?

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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).

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