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Comission Chargeback on Earned comissions California

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  • Comission Chargeback on Earned comissions California

    I work for a software company in California. I am a comissioned sales person with a base salary + Comissions.

    I sold $80,000.00 in software last November to a Hospital. We are paid our comissions each time the customer makes a payment (Paid on paid). I am only paid my comission based on what amount has been recieved from the customer. We are not advanced comissions in any instance.

    The customer and my employer had a very rocky relationship during the implementation of the software, and as a result my employer decided to terminate the agreement with the customer and refund them the entire amount of purchase. They have now "Charged back" the amount of comission that has already been paid to me (About $6000.00).

    Is this legal?
    Last edited by Kwill37; 03-25-2011, 02:55 PM.

  • #2
    You might need to talk to a local attorney. I took a look at the CA-DLSE manual, chaprter 34, and am not finding anything precisely on point. There are some cases which might give some support, but nothing I am reading looks sufficient as is.

    http://www.dir.ca.gov/dlse/Manual-Instructions.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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