Asked in Employment Law for California

Q: Employer held back the sales commission to be paid at the end of the year

Employer held back the sales commission to be paid at the end of the year

i have two parts to incentive pay out:

# 1 - % of profit paid at end of the quarter of signing

# 2 - % of revenue - paid at the end of the year. (Dec 31)

There are 15 criteria to earn the incentive - 14 are met excluding active employment at the time of payment.

#1 has already been paid after review.

I have to resign voluntarily because of professional issues. Can i claim the part B as unpaid wages since all the conditions are met with the possible exclusion that i will not be actively employed?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: This site is not suited to provide or receive specific case advice. It would be a very smart move for you to bring your contract and any documents supporting your claim to this money to an employment law attorney who can learn all of the specifics of your situation and then give you confidential individualized advice upon which you can rely.

Generally, if you are contractually required to be employed at the time the payment is to be made, and you are no longer employed, the employer can contractually avoid paying you.

Good luck to you.

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