Defenses to unpaid commissions claimsEmployees who have not been paid commissions that they are owed may file a lawsuit or may file a complaint with the California Labor Commissioner’s office. Some common defenses that a defendant may assert in a failure to pay commissions complaint include the money the employee expected to receive was a bonus rather than a commission, the employee was not involved in the sale of goods or services, the employee forfeited the commission, amounts claimed to be owed were previously advanced to the employee, or the employee did not satisfy conditions required to earn the commission.
Other types of unpaid wages cases in CaliforniaFailure to pay commissions is one of many different types of wage theft cases in California. Other types of wage theft cases are listed below.
- Misclassification of an employee as an independent contractor allowing the company to avoid providing specific benefits and pay requirements.
- Requiring employees to work when they are off the clock.
- Not providing required benefits such as health insurance or promising benefits that the company does not actually provide. For example, employees may find that their health insurance is not as comprehensive as promised in the job offer or that the 401k match is not as high as promised.
- Paying employees lower wages than promised.
- Paying employees less than minimum wage.
- Not providing required meal and rest breaks.
- Not paying overtime as required by California law.
- Refusing employees tips that they earned.