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Q: CA Labor rules for paying Ex-Salespeople their Sales Commission ( No Answer,   1 Comment )
Question  
Subject: CA Labor rules for paying Ex-Salespeople their Sales Commission
Category: Business and Money > Employment
Asked by: ckap-ga
List Price: $20.00
Posted: 08 Apr 2006 15:32 PDT
Expires: 08 May 2006 15:32 PDT
Question ID: 716875
What are the California Labor Board rules regarding a salesman's
commission after leaving a company?   I understand from a colleague
that I am due commission for ongoing projects (that I have sold the
contract for) and a percentage of commission for proposals that are
outstanding (if sold within a certain time frame after I'm gone).  Can
you find the appropriate rules/clause and post it for me?
Answer  
There is no answer at this time.

Comments  
Subject: Re: CA Labor rules for paying Ex-Salespeople their Sales Commission
From: joe916-ga on 10 Apr 2006 21:38 PDT
 
This is what I found at
http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

 Q. I am a commissioned salesperson and was just discharged from my
employment. When must my final wages be paid?

 
 A. In the event the commissions have been "earned" on or before the
date of your termination, the employer must complete the necessary
calculations and pay the commissions on the date of the termination in
the case of a discharge or a voluntary quit with more than 72 hours
prior notice, or within 72 hours of the termination of the employment
relationship in the case of a voluntary quit without such prior
notice. It is not permissible for the employer to wait until the
customary time for calculating the commissions of current employees,
nor is it permissible to delay payment of such earned commissions
until the next regularly scheduled payday. If the commission has not
yet been earned at the time of termination and is awaiting the
completion of some legal condition precedent, for example, receipt of
the customer?s payment, the commission must be paid to you immediately
upon completion of the condition precedent.

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