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In a commission sales position that I am leaving, what are the laws regarding sales that I have made that have net 15 billing?

Asked over 2 years ago - San Jose, CA

The reason I am leaving is because there is not enough business to support my financial needs, and therefore have been forced to make this decision for that reason. My employer is saying he agrees with me about the lack of business, but is balking at laying me off.

He is also saying that he is only going to pay me a percentage of the jobs that I have already got signed and deposits collected for, though I can't collect full on the jobs simply because they have 15 days to pay final invoice.

I have a rental contract that pays me monthly dividends from one of my customers, and since he doesn't want to lay me off, then I don't want to quit, and therefore continue to receive the monthly payments for the remainder of the year when their rent to own contract is up.

What are my rights?

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Attorney answers (1)

Melissa Cari Marsh

Reputation Level 14

Answered over 2 years ago. Business Attorney in Van Nuys, CA.

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In order to fully determine your rights, an attorney would need to review your employment contract. However, as to the general law on commissions...please read my article on paying salespeople their commissions at http://www.yourlegalcorner.com/articles.asp?id=... which is on my website at www.yourlegalcorner.com .

Ms. Marsh strongly advises the questioner to consult with an attorney to thoroughly review his or her particular circumstances and for advice tailored to his or her specific circumstances.

Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship.

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