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How long do I have to file a lawsuit against a former employer who violated a written compensation agreement?
Irvine, CA
Viewed 146 times.
Posted 3 months ago in Employment / Labor
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I'm a salesperson that worked for a large telecommunications carrier. I had a written sales compensation agreement with them. My commissions were to be based upon my results vs. an established quota. During my employment I received an injury (not work related) that required extensive surgeries and that put me out on short term disability for almost a year. When I returned to work it was July. I was given a revised annual quota which was adjusted based upon the time remaining in the year. In Nov I was able to close a very large sale that put me well over my quota. AFTER I made the sale, my Sales Director doubled my quota, took half of my sale's revenue and spread it across the reps of another under performing sales team, and gave 25% of my sale's revenue to another salesperson on my team.
Answers (3)
Dana Howard Shultz
This attorney is licensed in California.
Posted 3 months ago.
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I'm not a litigator, so I am not qualified to answer the question that you posed. However, I will suggest an alternative to a lawsuit that may be quicker and more cost-effective.
You should look into filing a wage claim with the Division of Labor Standards Enforcement (link below). You don't need a lawyer to file the claim, and receiving a letter from the DLSE is enough to make many companies do the right thing. Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship. 
Pamela Koslyn
This attorney is licensed in California.
Posted 3 months ago.
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As noted by the other repsonse, a DSLE claim is a good alternative. If you want to file a lawsuit, in CA you have 4 years from the date of breach to sue on a written agreement.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. 
Arkady Igor Itkin
This attorney is licensed in California.
Posted 3 months ago.
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It sounds like beyond the mere breach of contract/employment agreement you might have a legitimate claim for disability discrimination & retaliation, as it sounds like it might at least be possible that the employer set you up to fail after the injury.
With regard to your written agreement, as any other written contract - you have 4 years to file a lawsuit from the date of the breach. With regard to discrimination/retaliation - you must file a charge with Department of Fair Employment and Housing (DFEH) within one year of the alleged adverse employment action, and then you will have one year from the date the agency issues the right to sue letter to pursue a civil action in court. Thanks, Arkady Itkin |
