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CA--Ongoing commissions paid after termination?

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  • CA--Ongoing commissions paid after termination?

    As a commission-only recruiter, I have 9 computer programmers out working. I get paid a percentage (25%) of their billing rate to the client for each hour each consultant works.
    In the State of California, will I get paid on those commissions after I leave the job if I quit?
    What about if I am terminated by my employer?
    Finally, as a fully commissioned salesperson, is it legal for my boss to have set 2 weeks vacation time as the limit? What would happend if I go over my Vacation time, can he dock my commissions? (I don't get paid based on MY time, I get paid based on my consultants time.)

    Thank you,

  • #2
    Your Answers

    The answers to your questions are as follows:

    1) Whether you are paid commissions after you leave is not mandated by law. Instead, it is regulated by the agreement you have with your employer and any promises that may have been made. Of course, if it was promised, then your employer cannot refuse to pay. Otherwise, they face being forced to pay the commission, along with penalties. If it was said that you need to be on the payroll, then the commission doesn't have to be paid. However, you must still make at least minimum wage (or, if you are exempt, the minimum salary specified by law).
    2) Your employer can set the terms and conditions of your vacation, such as the minimum or maximum amount of time that you may take at one time.
    3) He can dock your commissions, unless there is an agreement that he won't.

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator


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