What to do if I’m still waiting on 1 week of unused PTO and 2 weeks commission?

UPDATED: Oct 1, 2022

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What to do if I’m still waiting on 1 week of unused PTO and 2 weeks commission?

I ended my employment with my former employer and provided 2 week’s notice. My last day was 1/11/19. I received my final pay for weeks worked but they have still not paid me my unused one week of PTO and two weeks commission. I have emailed with the Controller on 2 separate occasions and he has replied he would

look into and get back to me ASAP. Yet, still nothing.

Asked on February 12, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As you know, accrued but unused vacation time (not sick time) is considered wages in CA and must be paid on termination of empoyment. If not paid by your last day (since you provided more than 72 hours notice), you may be entitled to additional pay (called a "waiting time penalty"): 1 extra day of pay for each day you wait, up to a maximum of 30 days. You could either sue for the money or file a complaint with your state's Dept. of Industrial Relations (the dept. of labor).
The state labor dept. will probably not help with any unpaid commissions due you, since those are not set by law but by the terms of the agreement as to commissions (whether a written or oral agreement) between you and your employer. For commissions, you'd need to sue. Therefore, you should probably consult with an employment law attorney about bringing a legal action for both the PTO and commissions.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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