Q: Hello my position in my company was terminated and I was laid off without receiving the commissions I earned. Case?
I received a call right before I was going to work letting me know that my final check I’ll arrive in the mail and when I was looking at the pay they only put hours worked and not my commission earned. Commission earned was written in the employee start manual
A:
First, you should have been provided with your final check on the day you were terminated. A willful failure to pay that final check on time will give you a right to waiting time penalties equal to one day of pay for each day you are made to wait for your final check.
Second, a review of your commissions agreement would be required to determine if you have the legal right to commissions after your departure from the company. It would be wise for you to take your commissions agreement and any data about deals that you closed and locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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