Q: Are salesmen always supposed to get Commission
When I first began selling for the company I was told after a month or so when my boss felt I was ready to become a full-time salesman I to get Commission and then a couple years later we had a problem with the employee and him and my boss has got into a legal battle that lasted about six months after he was fired after that the other two salesmen that I have worked with Gott's Commission since day one they started selling I was wondering if what my work did was illegal cuz since they will not give me a raise I'm starting to think about all the money that I probably lost out on in that month month-and-a-half time
A: In California, all commission agreements are supposed to be in writing so the employee knows how to calculate wages. If you were given a commission agreement, the employer may be liable for breach of contract.
A:
There is no law that says sales people must be paid commissions. When you started working there you were not earning commissions. The employer apparently said that you would start getting paid commissions some time in the future. However that time never came. In such a situation the employer did not have a legal duty to pay you commissions at some point in the future, and it was legally allowed to change its mind. A general representation that something would happen in the future is generally not going to be legally enforceable, especially in an at will employment relationship.
Good luck to you.
A:
Short Answer: The Law does not impose commission agreements in employment. Commission is one form of compensation. You get it if you have an agreement with your employer, which must be in writing. Otherwise, you are an hourly employee, you are entitled to your wages, 8hr/day; 40 hr/ week regular , over that there is Overtime premium. If you are an outside salesman there could be additional conditions.
If you feel like your employer has underpaid you because he paid others on commission agreements, and the employer won't give you a commission agreement that you want, your choice is to go elsewhere. A good salesman pays for himself.
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