At The Kaufman Law Firm, we are prepared to assist workers in California who are unable to recoup unpaid commissions. If your employer has failed to pay you for the time worked, you should seek the advice of an experienced California unpaid commissions attorney. It is very common for employers to violate both state and federal laws by not properly compensating their employees with commissions.
California unpaid commissions attorney Matthew A. Kaufman understands you are counting on commissions and you can’t afford to go without them. He will aggressively pursue the recovery of unpaid commissions on your behalf. Only an experienced attorney can determine the value of your unpaid commission claim. Besides the wages owed, these claims may also include interests, penalties, and damages.
In the state of California commissions are defined as compensation paid to the employee for the services provided while selling or closing a sale. The compensation is based on the amount the property was sold for. Commissions are quite different from bonuses since employees have to be involved in the sale in order to receive compensation.
There are cases of employees being terminated and not paid their earned commissions. If these are your current circumstances, you should consult your attorney as you may be entitled to recover lost commissions as long as you meet all the requirements. Under California law, you should be paid your earned commission when all the legal conditions are met.
It is very common for employers to use commission plans in an attempt to persuade workers to perform their duties without compensating them accordingly. Other circumstances that may arise include:
You may not be thoroughly familiar with the nuances of California’s Labor Code and the laws pertaining to unpaid commissions. Thus, you might wonder if, in certain circumstances, your employer is justified in refusing to pay you for a sale you’ve made.
For example, perhaps you completed a sale, but left your job shortly after. Maybe you left before you could be paid a commission for that sale.
In this scenario, you may be unsure of whether you’re owed payment. Typically, you are. Under California law, when an employee is paid commissions, they are eligible to receive payment as long as they are responsible for completing the work necessary to make the sale. This is true even if an employee stops working for the company shortly after the sale has been finalized. It is still the employer’s responsibility to ensure the worker receives payment.
However, there are instances when employees may leave companies before sales they were working on have been completed. In this type of situation, an employer might be able to successfully argue that the employee in question doesn’t deserve to receive a commission because another employee had to step in and finish making the sale.
This isn’t meant to discourage you from pursuing a commission payment you believe you may be owed. On the contrary, it’s meant to encourage you to review the matter with a legal professional who has the expertise necessary to answer your questions. A qualified California unpaid commissions attorney can help you better understand if an employer is breaking the law or not when refusing to pay you for a sale you worked on before leaving the company.
Perhaps you strongly believe you’ve been denied payment you’re owed for past sales. Nevertheless, you may be reluctant to take legal action against an employer in these circumstances.
There are various potential reasons you might feel this way. For example, perhaps you’re worried that you’ll upset your employer if you file a claim, complaint, or lawsuit. You might worry they’ll respond accordingly by firing you or punishing you in some other capacity.
This shouldn’t be a concern. Both federal law and California law prohibit employers from retaliating against workers for filing unpaid commissions complaints.
Contact a lawyer if your employer does retaliate after you take legal action. Along with representing clients who’ve been denied commission payments, at our California employment law firm, we also offer representation to clients who’ve been the victims of retaliation and wrongful termination. We’re prepared to help you secure compensation and potentially even reinstatement to your job if your employer “fights back” in an illegal manner when you file a claim or suit against them.
Unpaid commissions claims are difficult to file on your own. These cases require undertaking a complex analysis of your circumstances, company policies and procedures, you may not be familiar with. A California unpaid commissions attorney can take a look at your written compensation agreement and explain what legal alternatives may apply to your specific situation.
There may be other employees in your company struggling with similar issues or perhaps there were more claims filed against your employer in the past. These are all circumstances that need to be investigated by an experienced attorney. If more than one employee is filing a claim, a class action may be the best course of action as it will allow employees in similar situations to join forces and file a collective claim against the responsible party.
If you believe that you have not been paid commissions for all your work, contact us today and schedule your initial case evaluation. We have fought on behalf of many employees in California and will seek the justice you deserve.
Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.
To learn more, contact our California law office today and schedule an initial evaluation to discuss your case.