Ostroff, Fair and Company
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My employer shorted me commission last month & aren't doing anything about it. What legal rights do I have?



I was shorted $335.00 dollars last month on my last commission check and provided management with documentation that proved this shortage. Me and another co-worker were effected and are both trying to get the money. We've gone to HR, accounting, the owner, our boss - We've requested our payment by e-mail and verbally and there's been a lot of management meetings but no action. I'd like to know legally what my rights are. I made the mistake of not having a sales commission contract drafted and signed before I started but I do have a sales compensition plan that lays out payment dates and percentages. Can someone please help; perhaps an attorney will write me back? Thanks! BTW, I live in California if that helps.

Suing your employer usually means you need a new job. So, the first thing I would do is get a new job and then take them to small claims court for the amount they owe you. Even mediocre companies make sure their sales commissions are right. It is hard to be a successful company with out sale people. I think short commissions and little response is the sign of bigger problems. You will probably need to get a new job anyway when they close the doors where you are at now.
Your rights are:

A) Find another job and then sue them.

B) If you sue them over wages while you are working there, they will find a reason to fire you later.

Have you ever seen a whistleblower that was STILL employed with the company they complained against?

Neither have I.
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