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Due commissions from my accounts even if out on disability? California

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  • Due commissions from my accounts even if out on disability? California

    My compensation consists of salary + commission. I have a contract that goes from March 2010 to end of February 2011. The contract states I am paid my base + a non-recoverable commission draw amount each month. At the end of the contract year, I am paid any commissions that exceeded my total draw amount for the contract year. My contract states that if cumulative commissions earned are less than the cumulative non-recoverable commission draw, there will be NO downward adjustment in compensation. I was out on disability for November and December of 2010. I received disability payments for those months. My company had someone handle my accounts while I was away. I am told that regardless of being out on disability that, #1: My company owes me the draw I would have normally received for November and December. (not my base, obviously, since I got disability). And #2: Come the end of my contract(the end of February), any commissions I would have normally made from my accounts during the time I was out goes towards the cumulative commissions earned during my contract year. Is this true?

  • #2
    I do not have a copy of your contract which governs the terms of your employment. I do not want to read a copy of your contract and I do not want you to post phrases from your contract on this thread. Your best bet with a specific question related to a unique document is to get an attorney to review the contract and answer your question for you.

    This forum helps with applying labor laws from the feds and/or states to specific employment situations - not contract law.

    Good luck.

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    • #3
      Due commissions from my acconts even if out on disability?

      Thanks. I just thought there might be some law out there somewhere(regardless of contracts) regarding this sort of thing. Thanks, again.

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      • #4
        There is. Well, not a law per se, but an enforcement manual. Chapter 34 here:
        http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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