Are you worried and frustrated because your employer is failing to pay the commissions you earned? You are not alone, as many of the workers in California perform commission-based work. Sadly, this is a system that is prone to exploitation by the employer, and workers find themselves cheated out of payments they deserve by law. There are cases where the employee may have done something to invalidate their right to these payments. However, almost all cases of unpaid commission are based on a legal violation by the employer.
If your employer is withholding commissions from you, it’s essential to learn about your legal options from a skilled employment attorney. Here at California Labor Law Employment Attorneys Group, we have a dedicated legal team of lawyers who are ready to offer you a free consultation. They will provide answers to your questions and help you develop a plan of action if your employer is violating your right to receive commissions in a timely manner.
California Laws on Payment of Commissions
The truth is, many workers are unfamiliar with the rights they have in the workplace. This is why employers have the upper hand when it comes to an employment dispute over wages, including commissions earned for sales or completing a certain number of projects. Please be aware that the state of California has comprehensive laws on commissions and how they are paid to eligible employees. Your rights as an employee who is paid on commission include:
- You must be paid commissions no less than 2 times per month
- As long as there is reasonable time to calculate the amount, commissions must be paid during the first pay period after they were earned
- In the event an employee is fired, commissions must be paid on their last day of work.
- If an employee quits their job with at least 72 hours notice, commissions are due on the last day of employment.
- Commissioned employees must earn at least the minimum wage rate in California. If the commissions don’t meet this requirement, employers must make up the difference.
If your employer is in violation of any state laws regarding commissions, you can explore the option of filing a wage claim and asking for compensation. For more information on how to recover unpaid commission from your employer, don’t hesitate to call the offices of California Labor Law Employment Attorneys Group.
Filing an Unpaid Commissions Complaint
If your commissions were withheld by your employer, you can seek relief by filing a claim with the California Division of Labor Standards Enforcement, or the DLSE. In order to file a claim, you must:
- Fill out the claim forms
- Locate evidence to support your case against the employer
- Visit your local DLSE office location
- Attend the scheduled settlement conference
- If you are unable to reach a settlement, with your employer, attend the formal hearing at the scheduled date and time
- Review the decision made by the deputy labor commissioner (you will receive an Order, Decision, or Award letter)
- Appeal the decision if you do not agree with the ruling
Claims involving smaller amounts of compensation are generally resolved by filing a DLSE complaint. However, filing a lawsuit may be the best course of action if you are owed a significant sum of money from the employer.
Your Right to File an Unpaid Wages Lawsuit
Employment claims involving particularly complex issues or significant monetary damages typically escalate to a lawsuit that’s filed by the employee. So, if you are interested in suing your employer, you will need to speak with a labor law attorney as soon as possible. In order to go ahead with a wage and hour violation lawsuit, you must have:
- Extensive evidence in the form of documents relating to the payments you are owed, like pay stubs, employment contracts, bank statements, and emails / statements from your employer,
- Documents that explain the terms of how commissions are earned and paid, which should be signed by you and your employer
- An experienced employment rights lawyer that can file the necessary paperwork and negotiate a favorable settlement.
At the end of the day, you have the right to seek justice if your employer broke the law and denied you commissions and other payments you are legally entitled to. Filing a lawsuit for unpaid commission is not just about your financial losses, though compensation is undeniably important when you have been cheated by an unscrupulous employer. But a lawsuit can also ensure that your employer takes responsibility for their conduct, and hopefully, refrain from doing the same thing to someone else. These are some of the issues that play a role in whether you should proceed with a lawsuit against your employer.
Let Us Help You
Has your employer withheld commissions that you rightfully earned? Were you denied commissions after you were fired from your job? If your employer is refusing to pay you the wages that are clearly owed for the work and effort you put into your job, you have the right to file an unpaid commission lawsuit.
Our law firm is here to guide you through the legal system step by step and make sure that your employer does not get away with taking advantage of you. As a law firm specializing in employment rights, we understand the financial burdens that are placed on those who are denied payment by their employer. So, it would never occur to us to charge you for the cost of legal representation. All legal fees are charged to the employer and paid at the same time as your settlement. This way, we do not make a single cent until you receive compensation, and you owe us nothing if the case is not resolved in your favor.
The employment lawyers of California Labor Law Employment Attorneys Group are standing by to assist you, so contact us today and schedule a free case review.
