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Need Help Variable Comission Issue California

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  • Need Help Variable Comission Issue California

    I have been employed by a sales organization in a technology company in CA. My comp plan reads the following way when it comes to my variable comission:

    "Commissionable booking credit is earned on the sale and completion of contract and purchase order . Commissionable booking credit does not apply to, and is not limited to, incomplete orders, orders with contingencies and other non-bookable terms that may be negotiated into a contract. Commission is for the full Annual Contract Value (ACV)."

    In the prior four to five quarters, this has meant I have been paid at 2-3%the month following for anything entered in the way of a contract for the full value. It has never been required that the check arrives before they pay me. The account managers are of course comepensated with that restriction.

    Our sales VP resigned and we now report to a non-Sales VP who has decided to flex his muscle and object to our comp packages. He read the same language and argues the booking credit is "earned", but he will not "pay" except on collections. Keep in mind again in the prior four to five quarters I have not been paid this way.

    I have a signed comp plan. The new VP never altered the existing plan or required me to sign a new plan stating something different.

    What can I do? Help! Need money to Christmas shop!

  • #2
    You could try contacting someone in the company and convincing them that you are owed commissions immediately based upon the plan you had.

    I seriously doubt the company is going to turn over the money it owes before Christmas, even if it immediately recognized the error of its ways. I would expect the commission plan would be changed almost immediately, though.

    The other route is to file a wage claim with DLSE. That won't yield any results in time for Christmas, either.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


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