Protect Your Rights Regarding Bonuses And Commissions

Commissions and bonuses often make up a significant portion of employees' incomes. In some instances, an employer will delay payment of or simply refuse to pay these wages in an effort to protect its own financial interests. California law includes provisions that protect employees against the unjustifiable loss of their commissions and bonuses. If you feel that your wages are being wrongly withheld, a qualified employment law attorney can help.

Baker Curtis & Schwartz, P.C., represents clients in a wide variety of cases involving commission, bonus, forfeiture and other wage and hour issues. Commission and bonus agreements can be extremely complex. We are highly skilled at the review and interpretation of these contracts as well as the favorable resolution of disputes over the calculation and nonpayment of bonuses and commissions.

Working to Protect Employee Bonuses And Commission Payments

As a general rule, a bonus cannot be taken back once it has been earned. This includes not only performance bonuses (which can be sizeable), but also online redemption programs, prizes for sales contests and other types of compensation. If your employer is attempting to reclaim any portion of a bonus — or if your employer is refusing to pay a bonus you have earned — you have the right to challenge any such action. We have extensive experience representing clients whose bonuses were miscalculated or were not paid correctly.

Once a commission has been paid, it belongs to the employee in full. "Chargebacks" are only permitted in limited situations. In addition, commissions sometimes cannot be forfeited if they are earned before the employee is terminated, even if it is payable after the employee's termination.