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"Written Warning" in CA

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  • "Written Warning" in CA

    I have worked for a large telecommunications co. for three years - and have won numerous awards and accolades for my hard work and dedication. In September of 2003 I accepted a promotion to a new channel. I was hired to manage a very large account which was expected to be very successful. The manager who signed the account and oversaw the contract negotiation transferred and accepted a promotion. This account never intended (or did not understand) the program or contract. They have never produced and never will. I have been tasked with finding new accounts to replace the failed one. I brought on a good account that continues to grow, but does not meet my quota.

    In December of 2003 I introduced my brother in law to the Director of our channel. The two hit it off - and my Brother in Law was hired as a Regional Manager. I was one of his direct reports. I was asked by the Director to not tell anyone - and I complied. He inferred that he could be "in trouble" for making that hiring decision and would strive to find a job for me that did not involve my reporting to a relative. That did not happen, and my brother in law was terminated Sept. 1, 2004. I began to feel the pressure of introducing my brother in law - who at the time of his termination was perceived as a liability. I now began to fear for my job. I had three contract negotiations in place. At the end of October all three decided not to pursue the agreement due to Channel conflicts within our company that were not being addressed and could cause hardships for the accounts.

    I received a written warning in December to make quota or possibly face termination. Keep in mind that there is no basis in my region to set quota - no prior sales in this channel have occured in this region for a historically based quota. I fully expected to be out of work on Jan 1. I received a call from my manager on Jan 3 stating that I would be given the opportunity to make quota in January and would receive a written warning outlining the particulars. I did receive that letter on Jan. 12. At that point a third of the month was gone. I also did not receive my quota until the 10th.

    I feel that I am being punished for my Director's decision to hire my relative.
    I did not receive my letter with the requirements to keep my job until Jan 12th.
    I did not know what my quota was until the 10th. Is there a CA law that requires this information in a timely manner?


    Any information or insight you may have would be very helpful.

  • #2
    California Commissions

    I couldn't find anything that says that a commission formula must be given to the employee in advance of earning it. If you want to look yourself, the following is a link to the California labor manual: http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf Section 34 begins the discussion of commissions.

    Unfortunately, I believe that your employee is within its rights. However, California labor code has lots of little exceptions. So, I would encourage you to call the California Department of Labor Standards Enforcement.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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