I need help from someone who knows HR. I was fired from my job yesterdat and received my final paycheck?

I make hourly plus commission. But I did not receive my commission for the month of November on it. Was my former employer, suppose to include that on it. I live in CA and have been trying to find the law on it, but I haven't found anything yet. And trust me its no big deal getting fired, I was miserable there anyways.

michr

In the event the commissions have been "earned" on or before the date of your termination, the employer must complete the necessary calculations and pay the commissions on the date of the termination in the case of a discharge or a voluntary quit with more than 72 hours prior notice, or within 72 hours of the termination of the employment relationship in the case of a voluntary quit without such prior notice. It is not permissible for the employer to wait until the customary time for calculating the commissions of current employees, nor is it permissible to delay payment of such earned commissions until the next regularly scheduled payday. If the commission has not yet been earned at the time of termination and is awaiting the completion of some legal condition precedent, for example, receipt of the customer's payment, the commission must be paid to you immediately upon completion of the condition precedent.
http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

Ken B

Depending upon your contract, commissions due will have to be paid by the next regular payday, but not longer than 30 days.

whoknewthecolorcouldbeblue

Write them a letter and send it with delivery confirmation or registered mail so there is proof that you sent it. Tell them that you are missing your commission. Do you have proof that you racked up the commission?

Don't worry about being fired - you can collect unemployment unless you got fired for misconduct. I was fired in April and I've been collecting ever since. Its the best thing that has ever happened to me.

There is no law. They shorted you. You need to call the manager, send an email, or send a letter. Keep documentation in case they try to screw you so you can take further action and take it to the Department of Labor or small claims court.

Good luck!

thomas p

you need to talk with an attorney in the office. bring your paperwork including contract and past pay stubs. Try to give an objective assessment of the facts to the lawyer. Both the good and the bad facts of your case.

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