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Numerous people have quit the company I worked for due to unexpectedly low paychecks. Our employer had a meeting to break down our payments, however I took it upon my self to manually break down my commission. I recently discovered that the employer has been dividing our commission with our co-workers and my office meeting hours with time spent selling. Our employment contract stated that commission would be divided hourly based on time spent in the field but not for the office hours.
Asked on March 5, 2017 under Employment Labor Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You state that "Our employment contract stated that commission would be divided hourly based on time spent in the field but not for the office hours."
A written employment contract is enforceable the same way any other contract is enforceable: if you were not paid the amount you should have been paid as per the contract, you could sue your employer for "breach of contract" for the difference in money. If that difference is less than the limit for small claims court, suing in small claims, as your own attorney ("pro se") is a good option.
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