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Ca Sales Commission Payout

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  • Ca Sales Commission Payout

    My husband is a salary + commission salesman. His company keeps putting off paying his commissions, however. I know they are having financial difficulites but when he asks about getting paid they say they will get back to him about it and never do. He has a contract with them but they are not following it. They are also not reimbursing him for milege or his lunch accounts. The commission due is on jobs that are sold, it should be paid. If he quits (with notice) he is afraid they will not pay him what they owe. He is also afraid if he contacts a lawyer to help they may fire him for it, and still not pay. (Not that he cares about the job any more, but doesn't want to leave without his money due to him.) What are our options?

  • #2
    Unpaid Commissions - Contract language

    Unpaid commissions

    I am paid salary plus commission. I have an email stating I will be paid
    6% on all deals.

    Industry standard is to pay on all of the revenue associated with the deal to include professional services, maintenance.

    It was agreed commissions would be paid when the money came in.
    I was paid lump sums even though not on a draw.

    When the company was acquired, they claimed they owed me no further commissions because they only pay on the first year license. This was never mentioned to me or written down anywhere.

    Is my commission plan above enough to justify being paid on all the revenue- since it is the industry standard?



    • #3
      If you have a contract, have it reviewed by a local attorney versed in contract/employment law. "Industry standard" is subjective.

      And in the future, please start your own thread rather than tacking onto a thread that's over two years old. Thanks.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4

        Im sorry, I looked everywhere on the site (including FAQ) and could not find the directions for posting. Is a "thread" on this board the same as a post?

        Possibly, it could be my Safari browser. I will search again for "thread". Thanks!

        Is an email considered a "contract"?


        • #5
          Yep. Once you enter a sub-forum, there's a blue box at the top left that says "new thread". Click on that.

          But the answer is, not likely. Only an attorney who is versed in contract/employment law who has read it in its entirety could give advice on whether or not any document rises to that level.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.