California-Last friday I was fired from my job for making personal phone calls. The owner showed me the phone bill, but the # that came out was my cell phone.They had said we cannot give out the work #, so I gave out my cell # saying I would call back at my lunch.I was never personally warned or written up about personal phone calls, and I have been there almost a year with this type of behavior and was not told anything. He said calling my cell phone was affecting my performance, but within the year I recieved two raises and was given more job responsiblity.Also next month I was due to get my medical benefits and be up for another raise. Another thing is I was supposed to get my commission check and it wasnt given to me. I didnt sign anything upon departure. I have already contacted the unemployment office. Please let me know what I can do. I honestly feel I was let go because the other owner didnt like me (she happens to be his wife) because when he was letting me go he said he fought to keep me.I would be the second person let go for this reason. What can I do.

Your former employer can terminate an employee for any reason, so long as the termination isn't illegal, such as terminations because of discriminatory reasons, such as discrimination on the basis of age, race, religion, gender, national origin, sexual orientation (in California), etc.

As far as the commission is concerned, whether you must be paid that commission or not is dependent upon the terms of the commmission plans. Some commission plans require a person complete a quarter, etc., in order to receive any monies. Do you have anything that documents the terms of the conditions? If you feel that you are owed commission, then you can file a claim with the state of California.

Let me know if you have any other questions.

There was really no written agreements on the commission. It was an incentive program. The more you worked the more you got. I know I earned this money. The unemployment office told me to contact the labor board, which I did. What is the probability of me recieving my comission under this basis.

You have a pretty good chance if you can find anything at all that proves such a program exists. For example, do you have copies of past pay statements, showing a separate commission? Or, do you have a performance review which discusses the incentive? Any and all documentation will help.

The employer will need to show that the incentive was not forfeited by someone leaving prior to the payout. You'll need to continue to assert that you were told that the commission was to be paid, without conditions of termination, etc.

Let me know if you have any other questions.