What steps do I need to take to get my previous employer to pay me my commision?

I was employed in a sales position. It was documented that upon leaving my position, I would be entitled to 2 years of commission on my sales. My manager had okayed it but the owner disagreed. After talking with my manager, we had agreed on 6 months. Now, again the owner doesn’t want to pay me that either. For 6 months my commission would be over $8,000 and he said he would pay me $2,800 to go away.

Asked on June 7, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You say you had an agreemen for the payment of the position--documentation as to it, in fact. Then you can sue for your money: you would sue based on breach of contract, or violation of an agreement. To win the suit, you'd have to prove the terms of the agreement and that you did you part (i.e. you made the sales); you can use documentation and testimony (both yours and other witnesses who may support your position, such as  other employees) and can also use the legal process or mechanisms of "discovery" (document requests; written questions; etc.) to get information and evidence from your former employer.

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